PUBLISHED    BY  AUTHORITY. 


J  O  XJ  R  ]>i^  ^^  L 


C05STITUTIOSAL  CONVESTIOS 


ST^TE   OF   ORKGON, 


AT  SALEM.  COMMENCISa  AUGUST  17,  1857,  TOGETHER  WITH  THE  CONSTITUTION 
ADOPTED   BY  THE  PEOPLE,  NOVEMBER  <>,  1857. 


i'^J^' 


SALEM,  OREGON  : 
\V.  H.  BYARS,  STATE   PRINTER. 
1882. 


PUBLJSHED    BY  AUTHORITY. 


J  O   LT  R  JSr  A  L 


CONSTITUTIONAL  CONVENTION 


lT 


ST^TE    OF    OREGON, 


AT  SALEM.  COMMEJfCISG  AUGUST  17,  1857.  TOGETHER  WITH  THE  CONSTITUTION 
ADOPTED   BY  THE  PEOPLE.  NOVEMBER  9.  18.57. 


SALEM,  OREGON : 
\V.  H.  BYAR6,  STATE   PRINTER. 


SENATE  JOINT  RESOLUTION  NO.  B. 


Resolved  by  the  Senate,  the  House  concuning,  That  the  Secretary  of  State  be,  and  he  is 
hereby  authorized  and  instructed  to  have  printed  1,000  copies  of  the  Joiarnal  of  the 
Constitutional  Convention  of  the  State  of  Oregon,  and  that  he  be  directed  to  forward 
one  copj'  thereof  to  each  of  the  Supreme  and  Circuit  Judges  of  this  State,  one  copy  to 
each  member  of  the  present  Legislative  Assembly,  and  oin-  copy  to  each  uieinber  of  the 
Constitutional  Convention.  That  the  remaining'  copies  shall  be  and  remain  m  his  cus- 
tody for  the  use  and  benefit  of  the  State. 
Adopted  bv  the  Senate,  September  23,  1882. 

AV.  J.  McCONNELL, 

President  of  the  Senate. 
House  concuntd  in  September  25,  1882. 

GEO.  VV.  McBKIDE, 

Speaker  of  the  House. 


j]l0]M3TITUTI0Ny\L    j^IojNVENTlOJ^, 


In  pursuance  of  an  Act  of  the  Le_o;islative  Assembly  of  Oregon  Ter- 
ritory passed  December  12,  1856,  an  Act  authorizing  a  convention  to 
be  lield  to  form  a  Constitution  for  Oregon. 

The  delegates  elect  assembled  in  the  Court  House  in  Salem,  Marion 
county,  on  Monday,  the  17th  day  of  August,  A.  D.  1857. 

Oirmotion  of  Mr.  Deady,  A.  L,  Lovejoy  was  elected  President  pro 
tern. 

On  motion  of  Mr,  Grover,  Chester  N.  Terry  was  elected  Secretary 
pro  teiiK 

On  motion  of  Mr.  Boise,  a  committee  of  live  was  appointed  to  ex- 
amine the  credentials  of  delegates. 

The  President  j9?'o  tein.  appointed  as  said  committee,  Messrs.  Boise, 
Reed,  Applegate,  Elkitis  and  Dryer. 

Mr.  Kelly  offered  the  following  resolution  which  was  adopted  : 

Resolved,  That  on  to-morrow  the  convention  proceed  to  elect,  viva 
voce,  a  President,  a  Secretary  and  x^ssistant  Secretary,  a  Sergeant-at- 
Arras,  a  Door-keeper  and  a  Printer. 

On  motion  of  Mr.  Williams,  a  committee  of  three  was  appointed  to 
allot  seats  to  the  delegates. 

The  President  ^7/'o  ii^em.  appointed  as  said  committee,  Messrs.  Wil- 
liams, Kelly  and  Bristow. 

On  motion  of  Mr.  Kelly,  the  convention  adjourned  until  to-morrow 
at  10  O'clock.  A.  M. 


TUESDAY,  AUGUST  IS,  1857. 

10  o'cLOck  A.  M. 

The  convention  met  pursuant  to  adjournment. 
The  journal  of  yesterday  was  read,  corrected  and  approved. 
The  committee  on  credentials  made  the  following  report : 
List  of  delegates  elected   to  frame  a  Constitution  for  Oregon,  at  an 
election  held  on  the  first  Monday  in  June,  1857: 
From  the  county  of  Columhia — John  W.  Watts. 
From  Coos  countij — F.  G.  Lockhart,  contested  by  Perry  B.  Marple. 

845107 


CONSTITUTIONAL    CONVENTION. 


From  Josephine  county — S.   B.   Ilerxlershott  and    VV.   II.   Watkiiis. 

From  Curry  county — Win.  II.  Pfickwood. 

From  Clatsop  county — Cyrus  (Jluey. 

From  Wasco  county — C.  R.  Mcitrs. 

From  Washington  county — E.  D.  Shattuck,  John  S.  White  and 
Levi  Anderson, 

From  Multnomah  and  Washington — Thomas  J.  Dryer. 

From  Multnomah  county—'^.  J.  McCorniic-k,  Wni.  H.  Farrar  and 
David  Lotran. 

From  Clackamas  county — J.  K.  Kelly.  A.  L.  L)vejoy,  Wni.  A. 
Starkweather,  Hector  Canjpl)ell  and  Nathaniel  Rohljiiis. 

From  Yamhill  county — M.  Olds,  R.  V.  Short,  R.  C.  Kinnev  and 
.] .  R.  McBride. 

From  Polk  county — Reuben  P.  Boise.  Benj.  F.  Burcli  and  F. 
Way  mi  re. 

From  Polk  and  Tillamook — A.  D.  Babcock. 

Fro^n  Jackson  county — L.  J.  C.  Duncan,  Jolin  H.  Reed,  Daniel 
Xewcomb  and  P.  P.  Piiiii. 

From  Benton  county — Henry  B.  Nichols,  Wm.  Matztrer,  Hamaii 
C.  Lewis  and  John  Kelsey. 

From  Umpqua  county — Jesse  Applcir^vte  and  Le^'i  Scott. 

From  TJuuylas  county — Matthew  P.  Deady,  Stephen  F.  (Jhadwick, 
Solomon  Fitzhugh  and  Thomas  Wiiitted. 

From  Linn  county — Delazon  Smith,  Luther  Elkins,  Reuben  S. 
Coyle,  John  T.  Crooks,  James  Shields  and  L  H.  Biattain. 

From  Marion  county — L.  F.  Grover,  Geo.  H.  Williams,  Nicholas 
Shrum,  Richard  Miller,  Davis  Shannon,  Joseph  Cox  and  JohnC 
Peebles. 

From  Lane  county — Paul  Brattain,  I.  R.  Moores,  A.  J.  Campbell. 
Jesse  Cox,  W.  W.  Bristow  and  E.  Hoult. 

Your  committee  on  credentials  havinu;  examined  the  above  list, 
report  the  same  as  a  correct  list  of  the  mendters  elected  to  this  conven- 
tion and  respectfully  submit  the  same. 

R.  P.  BOISE. 
Chairman. 

On  motion  of  Mr.  Grover,  the  report  of  the  c-unmittee  on  credentials 
was  received. 

Mr.  Kelsey  offered  the  following  resolution  : 

Pesolved^  That  the  members  elect  of  this  convention  be,  and  they 
are  hereby  required  severally  to  take  an  oath  to  support  the  Constitu- 
tion of  the  United  States,  and  faithfully  discharge  their  duties  as  dele- 
gates to  this  convention. 

On  motion  of  Mi'.  Smith,  tlie  resolution  was  laid  on  the  table. 

On  motion  of  Mr.  Smith,  the  report  of  the  committee  on  credentials 
was  adopted. 


CONSTITUTIONAL    CONVENTION. 


On  motion  of  Mr.  Smith,  the  convention  j3roceeded,  vwa  voce^  to  the 
election  of  President. 

Mr,  Smith  put  in  nomination  M.  P.  Dead}'. 

Mr.  Lewis  put  in  nomination  Martin  Olds. 

The  followino-  members  voted  for  M.  P.  Deady: 

Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock,  Boise, 
Burcii,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Campbell  of  Clackamas,  Chadwick,  Elkins,  Fitzhngh,  Farrar,  Grover, 
Honlt,  Hendershott,  Kelsey,  Kelly,  Lovejoy,  Miller,  McCormick, 
Meigs,  Newcomb,  Olney,  Peebles,  Prim,  Packwood,  Reed,  Robbins, 
Shannon,  Smith,  Shrum,  Shields,  Waymire,  Williams  and  Whitted — 39. 

The  following  members  voted  for  Martin  Olds: 

Messrs.  Anderson,  Applegate,  Drver,  Kinney,  Lewis,  Logan,  Matz- 
ger,  McBride,  Nichols,  Short,  Shattuck,  Scott,  White,  Watkins  and 
Watts— 15. 

The  following  members  voted  blank  : 

Messrs.  Dead}^  Lockhart,  Moores  and  Olds — 4. 

The  whole  number  of  votes  cast  were  58. 

M.  P.  Deady,  having  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  President  of  the  convention. 

Tlie,  President  pro  tern,  appointed  Messrs.  Grover  and  Boise  as  a 
committee  to  conduct  the  President  elect  to  the  chair. 

The  President  elect  having  been  conducted  to  the  chair  by  the  com- 
mittee, addressed  the  convention  as  follows: 

Gentlemen  of  the  Convention- — Permit  me  to  congratulate  you  upon 
the  prompt  and  harmonious  organization  of  the  convention.  I  trust 
that  this  may  prove  an  earnest,  that  our  labors  here  will  redound  to 
the  future  prosperity  and  honor  of  the  future  State  of  Oregon.  To  this 
end  it  shall  be  my  constant  aim  to  perform  the  duties  of  the  position 
with  which  you  have  honored  me  faithfully,  fearlessly  and  impartially. 

On  motion  of  Mr.  Olney,  the  convention  proceeded  to  the  election 
of  Secretary. 

Mr.  Waymire  put  in  nomination  Chester  N.  Terry. 

Tiie  following  members  voted  for  Chester  N.  Terry  : 

Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Campbell  of  Clackamas,  Chadwick,  Elkins,  Fitzhugh,  Farrar,  Grover, 
Hoult,  Hendershott,  Kelsey,  Kelly,  Lewis,  Lovejoy,  Miller,  McCormick, 
Meigs,  Newcomb,  Olne}',  Peebles,  Prim,  Packwood,  Reed,  Bobbins, 
Short,  Shannon,  Smith,  Shrum,  Shields,  Scott,  Waymire,  Williams, 
Watts,  Whitted  and  Mr.  President— 44. 

The  following  members  voted  blank: 

Messrs.  Anderson,  Applegate,  Dryer,  Kinney,  Logan,  Lockhart, 
Moores,  McBride,  Nichols^  Olds,  Shattuck,  White  and  Watkins — 13. 

The  whole  number  of  votes  cast  were  57. 
•2 


CONSTITUTIONAL    CONVENTION. 


Chester  N.  Terry,  havino;  received  a  majority  of  all  the  votes  cast, 
was  declared  duly  elected  Secretary. 

On  motion  of  Mr.  Bristow,  the  convention  proceeded  to  the  election 
of  Assistant  Secretary. 

Mr.  Bristow  put  in  nomination  M.  C.  Barkwell. 

The  folio winjj^  members  voted  for  M.  C.  Barkwell : 

Messrs.  Bratr.iin  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock,  Boise, 
Burch,  Cox  of  INlarion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Cain])bell  of  Chickamas,  Chadwick,  Elkins,  Fitzhugh,  Grover,  Honlt, 
Hendershott,  Kelsoy,  Kelly,  Lovejoy,  Miller,  Moores,  McCormick, 
Meigs,  Newcomb,  Olney,  Peebles,  Prim,  Paekwood,  Reed,  Robbins, 
Short,  Sharmon,  Smith,  Shrum,  Shields,  Williams,  Whitted  and  Mr. 
President — 40. 

The  following  members  voted  blank  : 

Messrs.  Anderson,  Dryer,  Kinney,  Lewis,  Logan,  Lockliart,  Matzger, 
McBride,  Nichols,  Olds,  Shattuck,  Scott,  White,  Watts  and  Wat- 
kins — 15. 

The  whole  number  of  votes  cast  were  55. 

M.  C.  Barkwell,  having  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  Assistant  Secretary. 

On  motion  of  Mr.  Grover,  the  convention  proceeded  to  the  election 
of  Sergeant-at-Arms. 

Mr.  Grover  put  in  nomination  John  Baker. 

The  following  members  voted  for  John  Baker: 

Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Campbell  of  Clackamas,  Chadwick,  Elkins,  Fitzhugh,  Grover,  Honlt, 
Hendershott,  Kelsey,  Kelly,  Lovejoy,  Miller,  Moures,  McConr.ick, 
Meigs,  Newcomb,  Olney,  Peebles,  Piim,  Paekwood,  Reed,  Robbins, 
Shannon,  Smith,  Shrum,  Shields,  Starkweather,  Waymire,  Williams, 
Whitted  and  Mr.  President— 41. 

The  following  members  voted  blank: 

Messrs.  Anderson,  Dryer,  Kinney,  Lewis,  Logan,  Matzger,  McBride, 
Nichols,  Olds,  Short,  Shattuck,  White  and  Watkins — 13. 

The  whole  number  of  votes  cast  were  54. 

John  Baker,  having'  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  Sergeant-at-Arms. 

On  motion  of  Mr.  Williams,  the  convention  proceeded  to  election  of 
Printer. 

Mr.  Chadwick  put  in  nomination  Asahel  Bush. 

The  following  members  voted  for  Asahel  Bush : 

Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Campbell  of  Clackamas,  Chadwick,  Elkins,  Fitzhugh,  Grover,  Hoult, 
Hendershott,  Kelsey,  Kelly,  Lovejoy,  Miller,  McCormick,  Meigs,  New- 


CONSTITUTIONAL    CONVENTION. 


comb,  Olney,  Peebles,  Prim,  Packwood,  Robbins.  Short,  Shannon, 
Smith,  Shrum,  Shields,  Starkweather,  Waymire,  Williams,  Whitted 
and  Mr.  President — 40. 

The  following  members  voted  for  A.  Leland : 

Messrs.  Kinney  and  Lewis — 2. 

The  following  members  voted  blank  : 

Messrs.  Anderson,  Dryer,  Logan,  Lockhart,  Moores,  Matzger,  Mc- 
Bride,  Nichols,  Olds,  Shattuck,  Scott,  White  and  Watkins — 13. 

The  whole  number  of  votes  cast  were  55. 

Asahel  Bnsh,  having  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  Printer. 

On  motion  of  Mr.  Olney,  the  convention  proceeded  to  the  election  of 
Door-keeper. 

Mr.  Williams  put  in  nomination  John  Baker. 

Mr.  Logan  put  in  nomination  Washington  Barker. 

The  following  members  voted  for  John  Baker: 

Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Campbell  of  Clackamas,  Chadwick,  Elkins.  Fitzhugh,  Grover,  Honlt, 
Hendershott,  Kelsey,  Kelly,  Lovejoy,  Miller,  Moores,  McCormick, 
Meigs,  Newcomb,  Olney,  Peebles,  Prim,  Packwood,  Robbins,  Shannon, 
Smith,  Shrum,  Shields,  Starkweather,  Waymire,  Williams,  Whitted 
and  Mr.  President — 40. 

The  following  members  voted  for  Washington  Barker: 

Messrs.  Anderson,  Kinney,  Lewis,  Logan,  Matzger,  McBride,  Nichols, 
Olds,  Short,  Shattuck,  White,  Watts  and  Watkins— 13. 

The  following  members  voted  blank  : 

Messrs.  Dryer,  Lockhart  and  Sct)tt — 3. 

The  whole  number  of  votes  cast  were  56. 

John  Baker,  having  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  Door-keeper. 

On  motion  of  Mr.  Grover, 

EesoUed,  That  a  committee  of  live  be  appointed  to  report  rales  and 
regulations  for  this  convention  ;  which  was  adopted. 

On  motion  of  Mr.  Smith,  the  rules  and  of  the  House  ot  Representa- 
tives of  Oregon  was  adopted  until  rules  are  reported  from  the  committee 
and  adopted. 

Mr.  Williams  offered  the  following  resolution  : 

Resolved^  That  the  Secretary  be  instructed  to  provide  the  convention 
with  stationery,  to  be  purchased  at  the  public  expense,  of  Messrs. 
Moores  of  this  city. 

Mr.  Logan  moved  to  amend  by  striking  out  of  said  resolution  all 
after  the  word  "expense,'"'  and  add  "on  the  best  terms  he  can  make.'"' 

The  resolution  as  amended  was  adopted. 


CONSTITUTIONAL    CONVENTION. 


On  motion  of  Mr.  Way  mire,  the  resolution  in  regard  to  the  delegates 
taking  an  oath,  was  taken  from  tlie  table. 

The  question  being,  Shall  the  resolution  pass? 

The  yeas  and  nays  l)eing  demanded,  resulted  as  follows: 

Yens — Messrs.  Bristow,  Kelsey,  Logan,  Lockhart,  Short,  Waymire 
and  Mr.  President — 7. 

Nays — Messrs.  Applegate,  Anderson,  Brattain  of  Linn,  Brattain  of 
Lane,  Babcock,  Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of 
Lane,  Campbell  of  Lane,  Campbell  of  Clackamas,  Ciiadwick,  Dryer, 
Elkins,  Fir;dnigh,  Knrrar,  Grover,  Hendershott,  Kinney,  Kelly,  Lewis, 
Lovejoy,  Miller,  Moores,  Matzger,  McBride,  MeCormiek,  Meigs, 
Nichols,  Newcorab,  Olds,  Olney,  Peebles,  Prim,  Packwood,  Reed, 
Bobbins,  Shannon,  Smith,  Shruni,  Shields,  Shattuck,  Scott,  Stark- 
weather, Williams,  White,  Watts,  Watkins  and  Whitted — 51. 

So  the  resolution  was  decided  in  the  negative. 

On  motion  of  Mr.  Dryer. 

Besolved,  That  the  representatives  of  the  Oregon  press  be  invited  to 
take  seats  within  the  bar ;   which  was  adopted. 

Mr.  Reed  offered  the  following  resolution : 

Resolved^  That  no  member  of  this  convention  be  allowed  to  speak 
oftener  than  twice  on  any  one  subject,  and  not  longer  than  fifteen 
minutes  at  any  one  time. 

On  motion  of  Mr.  Kelly,  the  resolution  was  laid  on  the  table. 

Mr.  Williams  offered  the  following  resolution  : 

Besolved,  That  standing  committees  of  five  be  appointed  by  the 
President  upon  the  following  subjects  : 

Legislative  Department. 

Judicial  Department. 

Executive  Department. 

Corporations. 

Education. 

Boundaries. 

Election. 

Militia. 

Expenses  of  the  convention. 

Mr.  Smith  moved  to  amend  by  adding  a  committee  on  Bills  of  Rights. 

On  motion  of  Mr.  Dryer,  the  resolution  and  amendment  was  laid  on 
the  table. 

On  motion  of  Mr.  Dryer,  the  convention  adjourned  until  2  o'clock  p.  m. 


CONSTITUTIONAL    CONVENTION. 


AFTEKNOON   SESSION. 

2  o'clock,  p.  m. 

The  convention  met  pursuant  to  adjournment. 

The  President  appointed  Messrs.  Cirover,  Williams,  Kelly,  L(»<ran 
and  Olney  as  a  Committee  on  Rules  and  Retjulations. 

On  motion  of  Mr.  Kelly,  that  the  resolutions  in  regard  to  limitation 
of  members  to  lifteen  minutes  was  reterred  to  the  Committee  on  Rules 
and  Regulations. 

Mr.  Applegate  offered  the  following  resolution  : 

Whereas,  A  large  proportion  of  the  delegates  to  this  convention 
have  been  chosen  by  the  people  with  the  expressed  or  implied  under- 
standing that  the  question  of  slavery  would  not  be  decided  for  them 
by  this  body,  but  submitted  to  them  in  such  a  manner  as  to  enable 
them  to  vote  upon  it  as  a  distinct  issue  ;  therefore, 

Resolved  (1st),  The  discussion  of  the  subject  ot  slavery  by  this  body 
is  out  of  place  and  uncalled  for,  and  only  calcubited  to  engender  bitter 
feelings  among  the  men)bers  of  this  body,  destroy  its  harmony,  retard 
its  business  and  utmecessarily  prolong  its  session. 

2d.  That  the  committee  whose  duty  it  shall  be  to  draft  rules  for 
this  convention  be  instructed  to  declare  all  debate  upon  the  subject  of 
slavery,  either  as  an  abstract  proposition  or  as  a  mere  matter  of  policy, 
out  of  order. 

Mr.  Olney  moved  that  the  resolutions  be  referred  to  the  Committee 
on  Rules  and  Regulations.  Pending  which,  on  motion  of  Mr.  Grover, 
the  convention  adjourned  until  to-morrow  at  10  o'clock  a.  m. 


WEDNESDAY,  AUGUST  19,  1857. 

10  o'clock  a.  m. 
The  convention  met  pursuant  to  adjournment. 
The  journal  of  yesterdav  was  read  and  approved. 
The  Committee  on  Rules  and  Regulations  made  the  following  report: 

RULES  AND  ORDERS  OF  THE  CONSTITUTIONAL  CONVENTION. 

Rule  1.  The  President  shall  take  the  chair  every  day  precisely  at 
the  hour  to  which  the  convention  shall  have  adjourned  on  the  preced- 
ing day.  He  shall  immediately  call  the  members  to  order,  and  on  the 
appearance  of  a  majority  of  the  members,  shall  cause  the  journal  of 
the  preceding  day  to  be  read,  and  proceed  to  business. 

Rule  2.     Fourteen  members  with  the  President,  or  eighteen  mem- 


10  CONSTITUTIONAL    CONVENTION. 

bers  in  his  absence,  having  chosen  a  President  pro  tem.^  shall  be  au- 
thorized to  call  the  convention  and  coin[)el  the  attendance  of  absent 
members. 

Rule  3.  The  President  shall  preserve  order  and  decorum  ;  may 
speak  to  points  of  order  in  preference  to  other  members,  nsins;  from 
his  seat  for  that  purpose,  and  shall  decide  questions  of  order,  subject 
to  an  appeal  to  the  convention  by  any  two  members,  on  which  ap])ea] 
no  member  shall  speak  more  than  once,  nnless  by  leave  of  the  conven- 
tion. 

Rule  4.  The  President  shall  rise  to  put  a  question,  but  may  state 
it  sittino;. 

Rule  5.  Questions  shall  be  directly  put  in  this  form,  to  wit :  "As 
many  as  are  of  opinion  that  (as  the  question  may  be)  say,  'Aye' ;"  and 
after  the  atfirmative  voice  is  expressed,  "As  many  as  are  of  the  con- 
trary opinion  say.  'No.'"  If  the  President  doubt,  or  a  division  is 
called  for,  the  convention  shall  divide — those  in  the  affirmative  of  the 
question  shall  first  rise  from  their  seats,  and  the  number  beinj^  an- 
nounced, those  in  the  net^ative  shall  rise. 

Rule  6.  The  President  shall  have  a  o;eneral  direction  of  the  hall 
and  lobby  ;  he  shall  have  a  right  to  name  any  member  to  perform  the 
duties  of  the  chair,  but  such  substitution  shall  not  extend  beyond  an 
adjournment.  He  shall  appoint  all  committees,  but  the  convention 
may  add  other  members  upon  motion. 

Rule  7.  The  President  shall  vote  when  the  ayes  and  noes  are 
called,  his  name  being  called  last;  and  in  case  of  an  equal  division, 
the  question  shall  be  lost ;  and  upon  all  other  questions  where  the  con- 
vention is  equally  divided,  he  shall  give  the  casting  vote  ;  or  where  his 
vote  would  make  an  equal  division,  he  shall  vote  upon  the  call  of  any 
member,  and  in  case  of  such  division,  the  question  shall  be  lost. 

Rule  8.  There  shall  be  ten  standing  committees,  to  consist  of  seven 
members  each,  as  follows  ; 

A  committee  on  the  Legislative  Department, 

A  committee  on  the  Executive  Department, 

A  committee  on  the  Judicial  Department, 

A  committee  on  Military  Affairs, 

A  committee  on  Education  and  School  Lands, 

A  C(jmmittee  un  Seat  of  Government  and  Public  Buildings, 

A  committee  on  Corporation  and  Internal  Improvements, 

A  committee  on  Boundaries, 

A  comnnttee  on  Suffrages  and  Elections, 

A  committee  on  the  Expenses  of  the  Convention. 

Rule  9.  No  committee  shall  sit  during  the  sitting  of  the  conven- 
tion without  special  leave,  and  all  writs,  warrants  and  subpoenas  issued 
by  order  ot  the  convention  shall  be  under  the  hand  and  seal  of  the 
President,  attested  by  the  Secretary. 


CONSTITUTIONAL    CONVENTION.  11 


Rule  10.  All  questions  relating  to  the  priority  of  business  shall  be 
decided  without  debate. 

Rule  11.  After  tiie  journals  are  read,  business  shall  be  disposed  of 
in  the  following  order  : 

1.  Petitions,  rneniorials  and  remonstrances. 

2.  Reports  from  standing  conimittees. 

3.  Reports  from  select  committees. 

4.  Propositions  and  motions. 

5.  Second  reading  of  articles  on  second  reading. 

6.  Articles  on  third  reading. 

7.  Business  lying  on  the  table. 

8.  Other  business  of  the  convention. 

9.  Special  orders  of  the  day. 

Rule  12.  The  President  shall  u|)on  each  day  announce  to  the  con- 
vention the  businsss  in  order,  agreeably  to  the  preceding  rule,  and  no 
business  shall  be  taken  up  or  considered  until  the  class  to  which  it 
belongs  shall  be  declared  to  be  in  order. 

Rule  13,  When  any  member  is  about  to  speak  in  debate,  or  de- 
liver any  matter  to  the  convention,  he  shall  rise  from  his  seat  and 
respectfully  address  himself  to  Mr.  President,  and  shall  confine  himself 
to  the  question  under  debate  and  avoid  personalities  ;  and  no  member 
shall  impeach  the  motive  of  any  other  member's  vote  or  argument. 

Rule  14.  If  any  member,  in  speaking  or  otherwise,  transgress  the 
rules  of  the  convention,  the  President  shall,  or  any  member  may,  call 
to  order,  in  which  case  the  member  so  called  to  order  shall  immediately 
sit  down,  unless  permitted  to  explain  ;  and  the  convention  shall,  if 
appealed  to,  decide  the  case,  but  without  debate.  If  there  be  no  a])peal, 
the  decision  of  the  chair  shall  be  submitted  to.  If  tiie  decision  be  in 
favor  of  the  member  called  to  order,  he  shall  be  at  liberty  to  proceed  ; 
if  otherwise,  and  the  case  require  it,  he  shall  be  liable  to  the  censure  of 
the  convention. 

Rule  15.  If  any  member  be  called  to  order  for  words  spoken  in 
debate,  the  person  calling  him  to  order  shall  repeat  the  words  excepted 
to,  and  they  shall  be  taken  down  in  writing  at  the  Secretary's  table  : 
and  no  member  shall  be  held  to  answer  or  be  subject  to  the  censure  of 
the  convention  for  words  spoken  in  debate  if  any  other  member  has 
spoken  or  other  business  has  intervened  after  the  words  are  spoken  and 
before  exception  to  them  shall  have  been  taken. 

Rule  16.  When  two  or  [more]  members  happen  to  rise  at  once,  the 
President  shall  name  who  is  the  first  to  speak. 

Rule  17.  No  member  shall  speak  more  than  twice  to  the  same 
question  without  leave  of  the  convention,  nor  more  than  once  until 
every  member  choosing  to  speak  shall  have  spoken,  nor  more  than 
forty  minutes  at  one  time. 

Rule  18,     While  the  President  is  putting  the  question  or  addressing 


12  CONSTITUTIONAL    CONVENTION. 


the  convention,  no  member  shall  walk  across  or  out  of  the  hall,  nor 
when  a  member  is  speaking  shall  entertain  private  discourse  or  pass 
between  him  and  the  chair. 

Rule  19.  No  member  shall  vote  on  any  question  in  any  case  when 
he  is  not  within  the  bar  of  the  convention  when  the  question  was  put; 
and  when  any  member  siiali  ask  leave  to  vote,  the  President  shall  i)ro- 
pound  to  him  the  question,  "Were  you  within  the  bar  when  your  name 
Avas  called  ?" 

Rule  20.  No  member  shall  be  permitted  to  record  his  vote  on  either 
side  of  any  question  unless  he  was  present  in  tlie  hall  at  the  time  such 
question  was  put  unless  by  unanimous  consent  of  the  convention. 

Rule  21.  Upon  a  division  and  count  of  the  convention  on  any 
question  no  member  without  the  bar  sliall  be  counted. 

Rule  22.  Every  member  who  shall  be  in  the  hall  when  the  ques- 
tion was  put  shall  give  his  vote,  unless  the  convention  for  special 
reasons  shall  excuse  him.  All  motions  to  excuse  a  member  from  voting 
shall  be  made  before  the  convention  decides,  or  before  the  call  of  the 
yeas  and  nays  is  commenced,  and  any  member  requesting  to  be  excused 
from  voting  may  make  a  brief  verbal  statemetit  of  the  reasons  for 
making  such  request,  and  the  question  shall  then  be  taken  without 
further  debate. 

Rule  23.  When  any  motion  is  made  atid  seconded,  it  shall  be  stated 
by  the  President,  or  being  in  writing,  it  shall  be  handed  to  the  chair 
and  read  aloud  before  debated. 

Rule  24.  Every  motion  shall  be  reduced  to  writing  if  the  Presi- 
dent or  a  member  desire  it. 

Rule  25.  After  a  motion  is  stated  by  the  President  and  read,  it 
shall  be  deemed  to  be  in  possession  of  the  convention,  but  may  be 
withdrawn  at  any  time  before  decision  or  amendment. 

Rule  26.  When  a  question  is  under  debate,  no  motion  shall  be  re- 
ceived but  to  adjourn,  to  lie  upon  the  table,  for  the  previous  question, 
to  postpone  indefinitely,  to  postpone  to  a  day  certain,  to  commit  or 
amend,  which  several  motions  snail  have  precedence  in  the  order  in 
which  they  [are]  arranged  ;  and  no  motion  to  postjjone  to  a  day  cer- 
tain, to  commit,  or  postpone  indefinitely,  being  decided,  shall  be  again 
allowed  on  the  same  day  and  at  the  same  stage  of  the  article  or  pnjpo- 
sitiotL 

Rule  27.  When  a  question  is  postponed  indefinitely  the  same  shall 
not  be  acted  upon  again  during  the  session. 

Rule  28.  The  previous  question  shall  be  put  in  this  form  :  "Shall 
the  main  question  be  now  put?"  It  shall  only  be  admitted  when 
demanded  by  a  majority  of  the  members  present,  and,  until  it  is 
decided,  shall  preclude  all  amendment  and  further  debate  of  the  main 
question.  On  a  motion  for  the  previous  question,  and  prior  to  the 
seconding  of  the  same,  a  call  of  the  convention  shall  be  in  order;  but 


CONSTITUTIONAL    CONVENTION.  13 


after  a  majority  shall  have  secondu<l  siu-h  motions,  no  call  shall.^be  in 
order  prior  to  the  decision  of  the  main  question. 

Rule  29.  On  a  previous  question  there  shall  be  no  debate.  All  in- 
cidental questions  of  order  arising  after  a  motion  is  made  for  the  pre- 
vious question  and  pending  such  motion  shall  be  decided,  whether  on 
appeal  or  otherwise,  without  deliate. 

Rule  30.  Motions  and  re))orts  may  be  committed  at  tiie  pleasure  of 
the  coiivention. 

Rule  31.  Any  member  may  call  for  the  division  of  a  question, 
which  shall  be  divided  if  it  comprehend  propositions  in  substance  so 
distinct  that,  one  being  taken  away,  a  substantive  proposition  shall  re- 
main for  the  decision  of  the  convention.  A  motion  to  strike  out  and 
insert  shall  be  deemed  indivisible  ;  but  a  motion  to  strike  out  being 
lost  shall  preclude  neither  amendment  nor  a  motion  to  strike  out  and 
insert. 

Rule  32.  No  motion  c>r  proposition  on  a  subject  different  from  that 
under  consideration  shall  be  admitted  under  color  of  amendment. 

Rule  33.  When  a  motion  has  once  been  made  and  cai-ried  in  the 
afiiniiative  or  negative,  it  shall  be  in  order  for  any  meiuber  of  the  ma- 
jority to  move  for  a  reconsideration  thereof  on  the  same  or  any  otiier 
day  during  the  session. 

Rule  34.  When  the  reading  of  a  paper  is  called  for,  if  any  objec- 
tions are  made,  it  shall  be  decided  by  a  vote  of  the  convention. 

Rule  35.  The  unlinished  business  at  the  preceding  adjournment 
shall  have  the  preference  in  the  order  of  the  day,  and  no  motion  or  any 
other  l)usiness  shall  be  received,  without  special  leave  of  the  conven- 
tion, until  the  former  is  disposed  of. 

Rule  36.  Every  article  to  be  inserted  in  the  Constitution  shall  have 
three  several  readings  before  it  shall  be  adopted,  and  the  last  two  read- 
ings shall  not  be  on  the  same  day. 

Rule  37.  First  reading  of  an  article  shall  be  for  information  onlv, 
except  those  from  individual  members,  which  may  be  referred  at  any 
time.  But  if,  on  the  lii'st  reading  of  an  article,  objection  be  made,  the 
question  shall  be,  *'  Shall  this  article  be  rejected  V  If  no  opposition 
be  made,  or  the  question  to  reject  be  negative,  the  article  shall  go  for 
its  second  reading  without  a  question. 

Rule  38.  Upon  the  second  reading  of  an  article  the  President  siiall 
state  it  is  for  coujmitment  or  engrossment ;  and  if  committed,  then  the 
question  shall  be  whether  to  a  select  or  standing  committee,  or  to  a 
committee  of  the  whole  ;  but  if  the  article  be  ordered  to  be  eno^ros.-ed, 
the  convention  shall  appoint  the  day  when  it  shall  be  read  a  third  time. 

Rule  39.  After  commitment  and  report,  or  at  any  time  before  its 
passage,  an  article  may  be  recommitted. 

Rule  40.  In  the  committee  of  the  whole  the  article  shall  be  read 
throughout  by  the  Secretary,  and  then  again  read  and  debatCkl  by 
o 


14  CONSTITUTIONAL    CONVPJNTION. 


clauses.  The  body  of  the  article  shall  not  be  defaced  or  interlined, 
but  all  atnendnients  (noting  the  page  and  linej  shall  be  duly  entered 
b}^  the  Secretar}'  on  a  separate  paper,  as  the  same  shall  be  agreed  to  by 
the  committee,  and  so  reported  to  the  convention.  After  report,  the 
article  shall  again  be  subjected  to  be  debated  and  amended  by  clauses 
before  a  question  to  engross  it  be  taken. 

Rule  41.  All  questions,  whether  in  committee  or  in  the  convention, 
shall  be  ])roponnded  in  the  order  which  they  are  moved,  except  that  in 
tilling  u)i  blanks  the  largest  sum  and  the  longest  time  shall  be  first  put. 

Rule  42.  The  rules  of  proceeding  in  the  convention  shall  be  observ- 
able in  a  committee  of  the  whole,  so  far  as  they  may  be  applicable, 
but  no  member  shall  speak  twice  to  any  question  until  every  member 
choosing  to  speak  shall  have  spoken. 

Rule  43.  No  standing  rule  or  order  shall  be  rescinded  or  changed, 
without  one  day's  notice  being  given  of  the  motion  therefor,  nor  shall 
any  rule  be  suspended,  except  by  a  vote  of  at  least  two-thirds  of  the 
members  present,  nor  shall  the  order  of  business  established  by  the 
rules,  be  postponed  or  changed,  except  by  a  vote  of  at  least  two-thirds 
of  the  tnembers  present. 

Rule  44.  No  meml)er  shall  absent  himself  unless  he  shall  have 
leave,  or  be  sick  and  unable  to  attend. 

Rule  45.  No  person  shall  be  allowed  to  smoke  in  the  hall  ur  lobby 
while  the  convention  is  in  session. 

Mr.  Smith  moved  to  amend  Rule  17,  by  striking  out  the  words  "nor 
more  than  forty  minutes." 

The  yeas  and  nays  being  demanded,  resulted  'as  follows  : 

Yeas — Messrs.  Anderson,  Boise,  Campbell  of  Clackamas,  Di-yer, 
Kelsey,  Logan,  Lockhart,  Miller,  McBride,  Meigs,  Olney,  Short,  Smith, 
Shattuck,  White,  Watts  and  Watkins — 17. 

Nays — Messrs.  Applegate,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane, 
Campbell  of  Lane,  Chadwick,  Elkius,  Farrar,  Grover,  Honlt,  Hender- 
shott,  Kinney,  Kelly,  Lewis,  Moores,  Matzger,  McCormick,  Nichols, 
Newcomb,  (ilds.  Prim,  Packwood,  Reed,  Robbins,  Shannon,  Shrum, 
Shields,  Scott,  Starkweather,  Waymire,  Williams,  Whitted  and  Mr. 
President — 39. 

So  the  amendment  was  decided  in  the  negative. 

Mr.  Olney  offered  the  following  amendment  to  Rule  17,  by  adding 
to  the  end  of  the  rule  the  words,  "Except  upon  articles  or  clauses  to  be 
inserted  in  the  Constitution  upon  their  final  passage ;"  which  was 
adopted. 

On  motion,  the  convention  adjourned  until  2  o'clock  p.  m. 


CONSTITUTIONAL    CONVENTION.  15 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

The  convention  met  pnrsnant  to  Hdjournment. 

Mr.  Smith  offered  tiie  tbllowinoj  amendment  to  Rule  8,  by  adding  to 
said  rule  the  words,  "A  Committee  on  Bill  ot  Rights;"  which  was 
adopted. 

Mr.  Kelly  offered  the  following  amendment  to  Rule  8,  by  adding  to 
said  Rule  the  words,  "And  each  committee  having  reported  articles  to 
the  convention  shall  examine  the  same  after  engrossment,  and  if  found 
correct,  report  such  articles  as  truly  engrossed  ;"  which  was  adopted. 

The  question  being  upon  the  adoption  ot  the  report  of  the  Commit- 
tee on  Rules  and  Regulations ;  which  was  adopted. 

Mr.  Grover  offered  the  following  resolution,  which  was  adopted  : 

Resolved^  That  one  hundred  and  fifty  copies  of  the  rules  of  the  con- 
vention, together  with  the  names  of  the  delegates,  and  the  names  of  the 
counties  or  districts  from  which  the  several  delegates  are  returned,  be 
printed  for  the  use  of  the  convention. 

Mr.  Smith  offered  the  following  resolution,  which  was  adopted  : 

Resolved,  That  a  committee  of  three  be  appointed  by  the  President 
of  this  convention,  whose  duty  it  shall  be  to  confer  with  one  or  more 
competent  reporters  upon  the  subject  of  reporting  the  debateg^and  pro- 
ceedings of  this  body;  said  reporter  or  reporters  engaging  their  services 
upon  the  faith  of  a  future  apjiropriation  by  either  Cotigress,  or  the 
Territorial  or  State  Legislature  to  liquidate  the  expenses  of  this  con- 
vention, and  reporting  to  this  convention  the  result  of  such  conference. 

The  President  appointed  as  such  committee,  Messrs.  Smith,  Logan 
and  Hendershott. 

On  motion  of  Mr.  Kelly,  the  resolution  in  relation  to  standing  com- 
mittees was  indefinitely  postponed. 

On  motion  of  Mr.  Olney,  the  resolution  in  relation  to  the  discussion 
of  the  slavery  question  was  indefinitely  postponed. 

On  motion  of  Mr.  Bristow,  the  contested  seat  trom  Coos  county  was 
referred  to  a  committee  of  five. 

Tlie  President  appointed  as  such  committee,  M^essrs.  Bristow,  Boise, 
Prim,  Shattuck  and  Whitted. 

On  motion  of  Mr.  Smith,  the  convention  adjourned  until  to-morrow 
at  10  o'clock  A.  M. 


THURSDAY,  AUGUST  20,   1857. 

10  o'clock,  a.  m. 
The  convention  met  pursuant  to  adjournment. 
The  journal  of  yesterday  was  read,  corrected  and  approved. 
The  President  announced  the  following  standino-  committees  : 


16  CONSTITUTIONAL    CONVENTION. 


STANDIJ^G  COMMITTEES. 

Committee  on  Legislative  Department — Messrs.  Boise,  Smitli,  Love- 
joy,  Babcock,  Chadwick,  Watkiiis  and  Elkins. 

Committee  on  Executive  Department — Messrs.  Kelly,  Farrar,  Reed, 
Kelsey,  Brattain  of  Lane,  Dryer  and  McBride. 

Committee  on  Judicial  Department — Messrs.  Williams,  Oliie}'^, 
Boise,  Kelly,  Grover,  Locran  and  Prim. 

Committee  on  Military  Afairs—Messr?,.  Kelsey,  Whitted,  Bnrch, 
Mdores,  Scott,  Coyle  and  Matztrer. 

Cojnmittee  on  Education  and  School  Lands — Messrs.  Peebles,  Boise, 
Marple,  Shattuck,  Starkweather,  Kinney  and  Robbins. 

Committee  on  Seat  of  Government  and  Puhlic  Buildings — Messrs. 
Boise,  Prim,  Campbell  of  Lane,  Lewis,  OIney,  Ciiadwick  and  Shannon. 

Committee  on  Corporations  and  Internal  Improvemsnts — Messrs. 
Meigs,  Williams,  Elkins,  Hendershott,  Campbell  of  Clackamas,  Bristow 
and'Miller. 

Committee  on  Boundaries — Messrs.  Lovejoy,  Meigs,  Olney,  New- 
comb,  Applegate,  Anderson  and  Watts. 

Committee  on  Suffrages  and  Elections — Messrs.  Smith,  Babcock, 
Brattain  of  Linn,  Ci)X  of  Marion,  Dryer,  Olds  and  White. 

Committee  on  Expenses  of  Convention — Messrs.  McCormick,  Shields, 
Cox  of  Lane,  Hoiilt,  Short,  Nichols  and  Packwood. 

Committee  on  Bdl  of  Rights — Messrs.  Grover,  Reed,  Way  mire, 
McCormick,  Crooks,  Shrum  and  Fitzhugh. 

Mr.  Grover  offered  the  following  resolution,  which  was  adopted  : 

Resolved^  That  the  standing  committees  as  announced  by  the  Presi- 
dent be  printed,  as  an  appendix  to  the  rules  heretofore  ordered  to  be 
printed. 

On  motion  of  Mr,  Olney,  that  when  this  convention  adjourns,  it  will 
adjourn  until  two  o'clock  this  afternoon,  and  meet  from  day.  to  day  at 
two  o'clock  until  otherwise  ordered. 

Mr.  Shattuck  moved,  to  strike  out  of  said  motion  all  after  tho  word 
"aftei'noon;"  which  was  adopted. 

The  motion  as  amended  was  adopted. 

On  motion,  the  convention  adjourned. 


AFTERNOON   SESSION. 

2  o'clock  p.  m. 
The  convention  met  pursuant  to  adjournment. 

The  committee  to  whom  was  referred  the  contested  seat  from  Coos 
county  made  the  following 


CONSTITUTIONAL   CONVENTION.  17 


KEPOKT : 

The  committee  to  whom  was  referred  a  case  of  contested  election 
for  seats  in  this  convention  between  F.  G.  Lockhart  and  P.  B.  Marple 
report  that  they  have  liad  tlie  same  under  consideration,  and  bec^  leave 
to  submit  the  followino;  tacts  :  When  the  v(jtes  of  Coos  county  were 
canvassed,  the  votes  of  one  precinct,  called  Johnson's  Diiji>;ins,  were 
rejected  on  the  ground  that  there  was  no  such  precinct  established  in 
said  county.  It  appears  from  the  testimony  that  election  notices  were 
sent  and  posted  advertisinc;  the  holding  of  an  election  in  snch  precinct; 
that  no  judges  were  appointed  for  such  precinct  bv  the  County  Com- 
missioners, or  any  precinct  or  place  of  voting  tixed  by  such  Ct)mmis- 
sioners,  in  the  manner  prescribed  by  law,  the  only  evidence  of  the 
establisliing  of  a  precinct  being  tlie  verbal  directions  of  the  Commis- 
sioners (when  not  in  session)  to  the  Auditor  to  send  election  notices  to 
said  precinct.  It  also  appears  from  the  testimony  that  F.  G.  Lockhart 
was  the  Auditor  of  the  county  and  canvassed  the  votes  ;  that  if  the 
votes  of  this  precinct  are  counted,  Marj)le  has  a  majority  of  the  votes, 
and  Would  be  entitled  to  the  seat.  It  does  not  ap))ear  from  the  return 
from  said  jirecinct  by  whom  the  judges  of  election  were  sworn,  and 
this  point  is  insisted  on  by  Lockhart  as  justifying  the  rejection  of  the 
vote  of  said  precinct.  The  questions  involved  in  this  issue  are,  in  the 
judgment  of  the  committee,  questions  of  Ipw,  and  depend  on  the  con- 
struction of  the  statute,  and  these  questions  are  : 

1st.  Whether,  from  the  facts  stated,  there  appears  to  have  been  a 
place  of  voting  at  Johnson's  Diggins. 

2d.  Whether,  provided  there  was  a  legally  established  place  of 
voting  at  that  place,  it  sufficiently  appears  by  whom  the  judges  and 
clerks  were  sworn. 

And  your  committee  decline  expressing  an  opinion  on  these  facts, 
and  submit  the  same  to  the  consideration  of  the  convention. 

W.  W.  BRISTOW, 

Chairman. 

On  motion  of  Mr.  Dryer,  the  report  of  the  committee  was  received 
and  the  committee  discharged. 

On  motion  of  Mr.  Dryer,  the  contestants  were  invited  within  the 
bar. 

On  motion  of  Mr.  Grover, 

Resolved.^  That  F.  G.  Lockhart,  the  sitting  member,  is  entitled  to  his 
seat. 

Mr.  Bristow  moved  the  jjrevious  question,  the  question  being,  "Shall 
the  main  question  be  now  put  ?"  which  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  resolution,  the  yeas 
and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Anderson,  Bristow,  Brattain  of  Lane,  Babeock,  Boise, 


18  CONSTITUTIONAL    CONVENTION. 

Dryer,  Grover,  Honlt,  Kelle}',  Loo^an,  McBride,  Nichols,  Olds,  Olney, 
Prim,  Packwood,  Short,  Smith,  Shattuck,  Scott,  Starkweather,  Way- 
mire,  White  and  Watkins — 24. 

Nays — Messrs.  Appleojate,  J>rattain  of  Linn,  Burch,  Cox  of  Marion, 
Crooks,  Cojle,  Cox  of  Lane,  Campbell  of  Lane,  Campbell  of  Clack- 
amas, Elkins,  Fitzhuwh,  Farrar,  Hendershott,  Kelsey,  Kinney,  Lewis, 
Miller,  Moores,  Matzger,  McCormick,  Meigs,  Newcomb,  Reed,  Rob- 
bins,  Shannon,  Shrum,  Sliields,  Williams,  Watts  and  Whitted — 30. 

Tiie  President  was  excused  from  voting. 

So  the  resolution  was  decided  in  the  negative. 

Mr.  Watts  oflered  the  following  resolution  : 

Resolved^  That  when  this  convention  adjourns  it  will  be  till  nine 
o'clock  A.  M.,  and  when  it  takes  a  recess  it  will  be  till  two  o'clock  p.  m. 

Pending  which,  on  motion,  the  convention  adjourned  until  to-morrow 
at  9  o'clock  A.  M. 


FRIDAY,  AUGUST  21,  1857. 

9  o'clock,  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Apple- 
gate,  Brattain  of  Linn,  Burch,  Chadwick,  Dryer,  Meigs,  Peebles  and 
Starkweather. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Campbell  of  Clackamas  offered  the  following  resolution  : 

Resolved,  That  this  convention  do  now  take  into  consideration  the 
propriety  of  employing  a  chaplain  to  officiate  during  the  remainder  of 
its  session. 

The  (juestion  being  upon  the  adoption  of  resolution,  the  yeas  and 
nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Campbell  of  Clackamas,  Farrar,  Hendershott,  Kelsey, 
Kiimey,  Kelly,  Logan,  Moores,  Matzger,  McBride,  Nichols,  New- 
comb,  Olds,  Packwood,  Short,  Shattuck,  White,  Watts  and  Watkins 
—19. 

Nays — Messrs.  Applegate,  Anderson,  Brattain  of  Linn,  Bristow, 
Brattain  of  Lane,  Babcock,  Boise,  Burch,  Cox  of  Lane,  Campbell  of 
Lane,  Chadwick,  Elkins,  Fitzhugh,  Grover,  Hoult,  Lewis,  Miller,  Mc- 
Cormick, Meigs,  Olney,  Prim,  Reed,  Robbins,  Shannon,  Smith,  Shrum, 
Shields,  Scott,  Waymire,  Williams,  Whitted  and  Mr.  President — 35. 

So  the  resolution  was  decided  in  the  negative. 

Mr.  Whitted  offered  the  following  resolution  : 

Resolved,  That  Marple  be  entitled  to  a  seat  upon  this  floor  as  dele- 
gate from  Coos  county. 


COI^STITUTIONAL    CONVENTION.  19 

Mr.  Logan  called  for  the  reading  of  the  evidence  in  the  contested 
case. 

Mr.  Olnev  objected.   - 

The  question  being  taken,  "Shall  the  evidence  be  read  in  said  case  ?" 
which  was  decided  in  the  negative. 

Mr.  Olney  moved  to  amend  the  resolution  by  inserting  the  letters 
"P."  "B."  before  the  word  '"Marple,"  and  strike  out  the  word  "entitled" 
and  insert  "admitted""';  which  amendment  was  adopted. 

The  question  being  upon  tiie  ado])tion  of  the  resolution  as  amended, 
the  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  A]jplegate,  Andersi>n,  Brattain  of  Linn,  Bristow, 
Brattain  of  Lane.  Babcock,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox 
of  Lane,  Campbell  of  Lane,  Campbell  of  Clackamas,  Chadwick,  Elkins, 
Fitzhugh,  Farrar,  Grover,  Hoult,  Hendershott,  Keisey,  Kinney,  Kelly, 
Lewis,  Miller,  Moores,  Matzger,  McCormick,  Meigs.  Newcomb,  Olds, 
Ohiey,  Reed,  Robbins,  Short,  Shannon,  Shrum,  Shields,  Starkweather, 
Williams,  Watts  and  Whitted  — 42. 

Nays — -Messrs.  Boise,  Logan,  McBride,  Nichols,  Prim,  Pack  wood, 
Smith,  Shattuck,  Scott,  Waymire,  Wiiite  and  Watkins — 12. 

The  President  was  excused  from  voting. 

So  the  resolution  was  decided  in  the  affirmative. 

Mr.  Grover  moved  to  insert  the  name  of  Mai-ple  wherever  the  name 
of  Lockhart  appears  upon  the  list  of  standing  committees;  which  was 
adopted. 

On  motion  of  Mr.  Smith,  the  convention  adjourned  until  3  o'clock 
p.  M. 

AFTERNOON   SESSION. 

The  convention  met  pursuant  to  adjournment. 

The  Committee  on  Boundaries  made  a  report. 

The  article  on  boundaries  was  read  a  iirst  time  and  passed  to  a  sec- 
ond reading. 

Mr.  Smith  moved  that  the  article  on  boundaries  be  separated  from 
the  report  or  reasons  of  the  committee,  which  was  adopted. 

On  motion  of  Mr.  Smith,  the  report  or  reasons  ot  the  committee 
as  separated  was  laid  on  the  table. 

The  Committee  on  Militia  made  a  report. 

The  article  on  militia  was  read  a  iirst  time  and  passed  to  a  second 
reading. 

On  motion  of  Mr.  Watts,  the  resolution  in  regard  to  adjournments 
was  taken  up. 

On  motion  of  Mr.  Kelly,  the  word  "  nine"  was  stricken  out  of  said 
resolution  and  the  word  "ten"  inserted. 

On  motion  of  Mr.  Logan,  the  resolution  as  amended  was  adopted. 

Mr.  Grover  oflered  the  tollowing  resolution,  which  was  adopted : 


20  CONSTITUTIONAL    CONVENTION. 


Resolved^  That  one  liundred  and  fift}-  copies  of  all  articles  and  pro- 
positions reported  by  any  committee  or  introduced  by  any  member,  in- 
tended to  become  a  substantial  part  of  the  Constitution,  shall  be  printed 
forthwith  after  the  first  reading,  and  other  matter  only  when  ordered 
by  the  convention! 

On  motion  of  Mr.  Smith,  the  convention  adjourned. 


SATURDAY,  AUGUST  22,  1857. 

10  o'clock,  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  meujbers  present  except  Messrs.  Bab- 
cock,  Dr^'er,  Duncan,  Lewis,  McCormick,  Peebles,  Sliattuck  and 
Watkins. 

Journal  of  yesterday  was  read  and  approved. 

The  Committee  un  Judicial  Department  made  a  report. 

The  article  or  judicial  department  was  read  a  first  time  and  passed 
to  second  reading. 

The  Committee  on  Bill  of  Rights  made  a  repoi-t. 

The  article  on  bill  of  rights  was  read  a  first  time  and  passed  to  a 
second  reading. 

Mr.  Cox  of  Lane  offered  the  following  resolution,  which  was  adopted: 

Resolved,  That  this  convention  recommend  that  F.  G.  Lockhart, 
who  was  returned  as  a  delegate  to  this  body  from  Coos  County,  be  en- 
titled to  the  same  pay  for  mileage  and  per  diem  allowance  until  the 
21st  day  of  August  1857,  as  other  delegates  to  this  convention. 

On  motion  of  Mr.  Grover,  that  the  Secretary  be  instructed  to  furnish 
the  Committee  on  Expenses  of  Convention  a  copy  of  said  resolution, 
tion,  which  was  adopted. 

On  motion  of  Mr.  Kelley,  that  the  subject  matter  of  the  schedule  be 
referred  to  the  Committee  on  Judicial  Departmet. 

Mr.  Logan  moved  to  amend  said  motion  by  striking  out  the  words 
"Committee  on  Judicial  Department,"  and  insert  the  words  "A  special 
committee  of  seven." 

Tlie  question  being  upon  the  adoption  of  the  amendment,  the  yeas 
and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Anderson,  Coyle,  Elkins,  Farrar,  Grover, 
Kelsey,  Kinney,  Logan,  Matzger,  McBride,  Meigs,  Nichols,  Newcomb, 
Olds,  Packwood,  Robbins,  Short,  Scott,  Waymire,  White,  Watts  and 
Watkins— 23. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Cox  of  Lane,  Campbell  of  Lane,  Camp- 


CONSTITUTIONAL    CON\^ENTION.  21 

bell  of  Clackamas,  Chadwick,  Fitzliiicyli,  Iloiilt,  Hendershott,  Kelly, 
Miller,  Moores,  Marple,  Olney,  Prim,  lieed,  Shannon,  Smith,  Shrum, 
Shields,  Starkweather,  Williams,  Whitted  and  Mr,  President — 29, 

So  the  motion  to  amend  was  decided  in  the  nej^ative. 

Mr,  Logan  moved  to  lay  upon  the  table  the  motion  of  Mr.  Kelly, 

The  yeas  and  nays  being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Applegate,  Anderson,  Bristow,  Farrar,  Kinney,  Logan, 
McBride,  Newcomb,  Olds,  Packwood,  Bobbins,  Short,  Scott,  Watts 
and  Watkins — 15, 

Nays — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Boise,  Burch, 
Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Camp- 
bell of  Clackamas,  Chadwick,  Elkins,  Fitzhugh,  Grover,  Hoult,  Hen- 
dershott, Kelsey,  Kelly,  Miller,  Moores,  Matzger,  Meigs,  Marple, 
Nichols,  Olney,  Prim,  Reed,  Shannon,  Smith,  Shram,  Shields,  Stark- 
weather, Waymire,  Williams,  White,  Whitted  and  Mr.  President — 37. 

So  the  motion  was  decided  in  the  negative. 

Mr.  Olney  moved  to  amend  said  resolution  by  excepting  the  subject 
of  slavery  and  apportionment. 

Mr.  Grover  moved  to  amend  the  amendment  to  said  resolution  by 
striking  out  all  after  the  word  resolved,  and  insert  the  following:  That 
a  select  committee  of  nine  be  appointed  to  take  into  consideration  the 
schedule  of  the  constitution  and  to  report  thereon. 

The  yeais  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Anderson,  Brattain  of  Liim,  Bristow, 
Brattain  of  Lane,  Boise,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane, 
Campbell  of  Lane,  Campbell  of  Clackamas,  Chadwick,  Elkins,  Fitz- 
hugh, Farrar,  Grover,  Hoult,  Hendershott,  Kelsey,  Kinney,  Logan, 
Moores,  Matzger,  McBride,  Meigs,  Newcomb,  Olds,  Olney,  Packwood, 
Reed,  Robbins,  Short,  Shannon,  Smith,  Shrum,  Shields,  Scott,  Stark- 
weather, Waymire,  Williams,  White,  AVatts, Watkins  and  Whitted — 45. 

Nays — Messrs.  Kelly,  Miller  and  Mr.  President — 3. 

So  the  motion  to  amend  was  decided  in  the  attirmative. 

Mr.  Logan  moved  to  amend  by  striking  out  the  word  ''nine"  in  said 
resolution  and  insert  in  lieu  thereof  the  word  "seven ;"  which  was  de- 
cided in  the  negative. 

Mr.  Logan  moved  to  amend  by  striking  out  the  word  "nine"  in  said 
resolution,  and  insert  in  lien  thereof  "one  delegate  from  each  county." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Anderson,  Brattain  of  Lane,  Burch,  Far- 
rar, Hendershott,  Kelsey,  Kinney,  Logan,  McBride,  Nicliols,  Newcomb, 
Olds,  Packwood,  Short,  Scott,  White  and  Watkins — 18. 

Nays — Messrs.  Brattain   of  Linn,  Bristow,  Boise,  Cox  of  Marion, 

Crooks,  Coyle.  Cox  of  Lane,  Campbell  of  Lane,  Campbell  of  Clackamas, 

Chadwick,  Elkins,  Fitzhugh,  Grover,   Hoult,  Kelly,  Miller,  Moores, 

Matzger,  Meigs,  Marple,    Olne}^,    Reed,   Robbins,    Shannon,   Smith, 

4 


22  CONSTITUTIONAL    CONVENTION. 

Sliniin,  Shields,  Starkweather,  Waymire,  Williams,  "Watts,  Whitted 
and  Mr.  President— 33. 

So  tlie  motion  to  amend  was  decided  in  the  negative. 

Mr.  Logan  moved  to  amend  by  striking  out  of  said  reeolntion  the 
word  "nine,"  and  insert  in  lieu  thereof  the  word  "eleven.'' 

Pending  "vvhich,  on  motion  of  Mr.  Waymire,  the  convention  took  a 
recess. 


AFTERNOON  SESSION. 


2  o'clock  p.  m. 


The  question  recurring  upon  the  adoption  of  the  resolution  in  regard 
to  appointing  a  committee  of  nine  upon  the  subject  of  a  schedule,  Mr. 
Olney  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  affirmative. 

The  question  being  upon  the  adoption  of  the  resolution,  as  amended, 
the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Anderson,  Brattain  of  Linn,  Bristow, 
Brattain  of  Lane,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane, 
Campbell  of  Lane,  Campbell  of  Clackamas,  Chadwick,  Elkins,  Fitz- 
hugh,  Grover,  Iloult,  Hendershott,  Kelsey,  Kinney,  Kelly,  Logan, 
Miller  Moores,  Matzger,  Marple,  Nichols,  Newcomb,  Olney,  Packwood, 
Reed,  Robbins,  Shannon,  Smith,  Shrun),  Shields,  Scott,  Starkweather, 
Waymire.  Williams,  Whitted  and  Mr.  President— 42. 

Nays — Messrs.  Farrar,  McBride,  Meigs,  Olds,  White,  Watts  and 
Watkins — 7. 

So  the  resolution  was  decided  in  the  affirmative. 

Mr.  Olney  moved  to  reconsider  the  vote  just  taken,  and  also  moved 
the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put?  vvhich  was 
decided  in  the  affirmative. 

The  question  being,  Shall  the  vote  be  reconsidered?  which  was  de- 
cided in  the  iifgntive. 

Mr.  Smith,  from  a  select  committee  in  relation  to  reporters,  made 
the  following : 

The  select  committee  to  whom  was  referred  the  matter  of  conferring 
with  one  or  more  competent  reporters  relative  to  the  reporting  of  the 
debates  and  proceedings  of  the  convention,  have  discharged  the  duty 
assigned  them  and  beg  leave  to  report :  That  they  have  conferred  with 
Messrs.  Malone  and  Pearne,  two  practical  and  efficient  reporters.  Mr, 
Pearne  proposed  to  your  committee  that  he  would  report  speeches  and 
other  proceedings  of  this  body  one-third  of  the  time  of  its  sittings  for 


CONSTITUTIONAL    CONVENTION.  23 

the  period  of  thirty  days  for  the  sum  of  three  hundred  dolhirs.  To  the 
application  of  your  committee  Mr.  Malone  returned  the  following 
answer  in  writing,  which  is  herewith  submitted  to  the  convention  : 
Both  Mr.  Pearne  and  Mr.  Malone  if  employed  by  the  convention  to 
report  its  proceedings,  expect  and  agree  to  look  exclusively  tor  their 
compensation  to  the  sources  specified  in  the  resolution  under  which 
your  committee  was  appointed. 

All  of  which  is  respectfully  submitted. 

DELAZON  SMITH, 

Chairman. 

On  motion  of  Mr.  Smith,  the  report  was  accepted  and  the  committee 
discharged. 

Mr.  Smith  moved  to  accept  the  proposition  made  by  P.  J.  Malone, 
pending  which,  Mr.  Logan  offered  the  following  substitute : 

Resolved^  That  it  is  inexpedient  to  have  the  proceedings  of  this  con- 
vention reported  at  the  expense  of  the  Territory  or  State. 

Resolved.!  That  a  committee  of  three  be  ai)pointed  to  employ  com- 
petent persons  to  report  the  proceedings  and  debates  of  this  conven- 
tion ;  Provided,  Said  reporters  shall  receive  no  compensation  except 
such  as  may  be  paid  by  the  Federal  Government,  or  by  the  individual 
members  of  this  convention  ;  And  provided  further .^  That  in  case 
said  expenses  are  paid  by  the  members  of  the  convention,  each  mem- 
ber shall  pay  in  proportion  to  the  amount  or  bulk  reported  for  him,  to 
be  estimated  by  the  reporter  and  approved  by  the  coHvention. 

Mr.  Smith  asked  leave  to  withdraw  his  motion,  w'hich,  by  the  con- 
sent of  Mr.  Logan,  the  motion  and  substitute  were  both  withdrawn. 

On  motion  of  Mr.  Grover,  the  convention  adjourned  until  Monday 
morning. 


MONDAY,  AUGUST  24,  1857. 

10  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  being  present  except  Messrs. 
Applegate,  Babcock,  Burch,  Cox  of  Marion,  Crooks,  Chadwick,  Fitz- 
hugh,  Hendershott,  Lewis,  Lovejoy,  Miller,  Matzger,  McCormick, 
Short,  Shrum  and  Shields. 

The  journal  of  yesterday  was  read  and  appro73d. 

The  President  announced  the  following  members  as  a  Committee  on 
Schedule,  to  wit : 

Messrs.  Grover,  Smith,  Boise,  McCormick,  Prim,  Chadwick,  Olney, 
Kelsey  and  Bristow. 


24  CONSTITUTIONAL    CONVENTION. 

The  Committee  on  Corporations  and  Internal  Improvements  made  a 
rej)ort. 

The  article  on  corporations  and  internal  improvements  was  read  a 
first  time  and  passed  to  a  second  reading. 

The  Committee  on  Executive  Department  made  a  report. 

The  article  on  executive  department  was  read  a  first  time  and  passed 
to  a  second  readnio;. 

Mr.  Bristow  offered  the  following  resolution  : 

Whereas,  The  people  of  this  Territory  require  at  our  hands  economy 
in  ever}'  department  thereof;  therefore,  be  it 

Besolved,  That  a  committee  of  Finance  be  appointed,  consisting  of 
seven,  who  shall  be  instructed  to  submit  a  plan  to  the  convention  for 
the  prohibition  of  the  circulation  of  paper  currency  in  the  future  State 
of  Oregon  from  other  States  and  Territories,  and  a  clause  providing 
for  the  public  printing. 

Which  was  decided  in  the  negative. 

Mr.  Farrar  offered  the  following  resolution: 

liesol-ved,  That  a  provision  be  incorporated  in  the  Constitution  to 
restrict  the  Legislature  from  granting  a  license  to  vend  spirituous 
liquors  in  the  State  of  Oregon. 

On  motion  of  Mr.  Williams,  the  resolution  was  referred  to  the  Com- 
mittee on  Legislative  Department. 

The  article  on  militia  was  read  a  second  time. 

On  motion  of  Mr.  Olney,  the  article  on  militia  was  referred  to  a 
committee  of  the  whole. 

The  article  on  boundaries  was  read  a  second  time. 

On  motion  of  Mr.  Elkins,  the  article  on  boundaries  was  referred  to  a 
committee  of  the  whole. 

On  motion  of  Mr.  Kelly,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Kelly  in  the  chair.  After  some 
time  spent  therein,  the  committee  rose  and  the  President  resutr)ed  the 
chair,  and  the  Chairman,  Mr.  Kelly,  reported  that  the  committee  of 
the  whole,  having  had  under  consideration  the  article  on  boundaries, 
and  liave  made  some  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  the  convention  took  a  recess. 


AFTEKNOON  SESSION. 

2  o'clock  p.  m. 

The  convention  resolved  itself  into  the  committee  of  the  whole, 
with  Mr.  Kelly  in  the  chair.  After  some  time  spent  therein,  the  com- 
mittee rose  and  the  President  resumed  the  chair,  and  Mr.  Kelly,  Chair- 


CONSTITUTIONAL    CONVENTION.  25 

man,  reported  that  the  committee  having  had  under  consideration  the 
article  on  boundaries,  and  having  made  progress  therein,  ask  leave  to 
sit  again. 

On  motion  of  Mr.  Smith,  the  convention  adjourned. 


TUESDAY,  AUGUST  25,  1857. 

10  o'clock  a.  m. 

Tlie  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Cox  of 
Marion,  Cox  of  Lane,  Matzger,  McBride  and  Meigs. 

Tlie  journal  of  yesterday  was  read  and  approved. 

Mr.  Smitli  presented  a  petition  of  L.  T.  Woodward  and  others  in 
relation  to  a  prohibitory  liquor  law. 

On  motion  of  Mr.  Smith,  the  petition  was  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Grover  oiFered  the  following  resolution  : 

Resolved^  That  the  committee  of  the  whole  be  discharged  from  the 
further  consideration  of  the  article  on  boundaries,  and  that  the  same 
be  considered  before  the  convention  and  referred  to  the  Committee  on 
Boundaries  with  instructions  to  take  into  consideration  all  propositions 
to  amend  and  report  thereon  at  the  earliest  moment. 

On  motion  of  Mr.  Dryer,  ordered  that  there  be  a  call  of  the  house. 

The  roll  being  called,  the  following  named  members  failed  to  answer 
to  their  names,  viz :  Messrs.  Applegate,  Bristow,  Babcock,  Boise, 
Burch,  Cox  of  Marion,  Coyle,  Cox  of  Lane,  Duncan,  Lovejoy,  Matzger, 
McCormick,  Olds  and  Shattuck. 

On  motion  of  Mr.  Smith,  the  further  proceedings  in  the  call  were 
dispensed  with. 

A  quorum  being  present,  the  convention  resumed  the  consideration 
of  the  resolution  of  Mr.  Grover. 

Mr.  Meigs  offered  the  following  amendment  to  said  resolution  :  And 
add  to  instruct  the  Committee  on  Boundaries  to  make  the  Cascades  the 
eastern  boundary  line  of  the  State. 

Mr.  Meigs  moved  the  previous  question.  The  question  being,  "Shall 
the  main  question  now  be  put  f  which  was  decided  in  the  attirmative. 

Tlie  question  being  upon  the  adoption  of  the  amendment,  the  yeas 
and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Anderson,  Brattain  of  Linn,  Brattain  of 
Lane,  Babcock,  Boise,  Burch,  Crooks,  Campbell  of  Lane,  Campbell  of 
Clackamas,  Chadwick,  Dryer,  Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult, 
Ilendershott,  Kelsey,  Kinney,  Kelly,  Logan,  Marple,  Miller,  Moores, 


26  CONSTITUTIONAL    CONVENTION. 

McBride,  Nichols,  Nevvcomb,  Olds,  Olney,  Peebles,  Prim,  Packwood, 
Reed,  Robbins,  Short,  Shannon,  Smith,  Shrum,  Shields,  Shattiick, 
Scott,  Starkweather,  Waymire,  Williams,  White,  Watts,  Watkins  and 
Whitted— 4:H. 

So  the  amendment  was  decided  in  the  negative. 

Mr.  Farrar  offered  the  following  amendment  to  said  resolution  ; 
which  was  adopted : 

That  the  west  and  a  part  of  the  north  boundary  of  the  State  of  Ore- 
gon shall  be  as  follows:  Beginning  one  marine  league  at  sea,  due  west 
from  the  j^oint  where  the  42d  parallel  of  north  latitude  intersects  the 
same;  thence  northerly  at  the  same  distance  from  the  line  of  the  coast 
lying  west  and  opposite  this  State,  including  all  islands  within  the 
jurisdiction  of  the  tJnited  States,  to  a  point  due  west  and  opposite  the 
middle  of  the  north  shi]>  channel  of  the  Columbia  river ;  thence  easterly 
to,  and  up  the  middle  of  the  main  channel  of  said  river,  including  the 
islands  in  the  Columbia  river,  to  the  middle  of  the  main  channel  of  the 
river  above  and  to  eastward  of  the  Cascades. 

The  question  recurring  upon  the  adoption  of  the  resolution  of  Mr. 
Grover  as  amended  ;  which  was  decided  in  the  negative. 

On  motion  of  Mr.  Smith,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Logan,  the  article  on  judicial  department  was  read 
l^y  the  title. 

The  article  on  judicial  department  was  read  a  second  time. 

On  motion  of  Mr.  Logan,  the  article  on  judicial  department  was 
referred  to  committee  of  the  whole. 

The  Committee  on  Suffi'ages  and  Elections  made  a  report. 

The  article  on  suffrages  and  elections  was  read  a  first  time  and  passed 
to  a  second  reading. 

On  motion  of  Mr.  Sutith,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole^  vvith  Mr.  Sn)ith  in  the  chair;  after  some  time 
spent  therein,  the  coiTi.uittee  rose  and  the  President  resumed  the  chair, 
and  the  chairman,  Mr.  Smith,  reported  that  the  committee  having  had 
under  consideration  the  articles  on  militia  and  judicial  department, 
report  the  article  on  militia  back  with  sundry  amendments,  and  having 
made  progress  upon  the  article  on  judicial  department,  and  ask  leave 
to  sit  again. 

The  amendments  to  the  article  on  militia  as  reported  from  the  com- 
mittee of  the  whole  was  then  taken  up,  viz.: 


CONSTITUTIONAL    CONVENTION.  27 


First  amendment — By  striking  out  the  word  "tree,"  in  second  line, 
Section  1. 

On  motion,  the  amendment  was  adopted. 

Second  amendment — By  striking  out  the  word  "white,"  in  second 
line,  Section  1. 

On  motion,  the  amendment  was  ado])ted. 

Third  amendment — By  striking  out  tiie  words  "residents  cf  the 
same,"  in  second  and  third  lines.  Section  1. 

On  motion,  the  amendment  was  adopted. 

Fourth  amendment — By  striking  ont  the  word  "any,"  in  first  line, 
and  the  word  "S"  to  the  word  "person,"  on  the  same  line  in  Section  2. 

On  motion,  the  amendment  was  adopted. 

On  motion,  the  convention  adjourned. 


WEDNESDAY,  ALGUST  26,  1857. 

10  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Reed, 
Robbins  and  Starkweather. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  White  presented  a  petition  of  Wm.  Royal  and  others  in  relation 
to  a  prohibitory  liquor  law,  which  was  read. 

On  motion  of  Mr.  White,  the  petition  was  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Brattain  of  Lane  presents  a  petition  of  B.  J.  Pengra  and  others 
in  relation  to  a  prohibitory  liquor  law. 

On  motion,  the  petition  was  referred  to  the  Committee  on  Judicial 
Department. 

The  Committee  on  Education  and  School  Lands  made  a  report. 

The  article  on  education  and  school  lands  was  read  a  first  time  and 
passed  to  a  second  reading. 

A  minority  of  the  Committee  on  Education  and  School  Lands  made 
a  report. 

The  minority  article  on  education  and  school  lands  was  read  a  first 
time  and  passed  to  a  second  reading. 

Mr.  Waymire  moved  to  reject  the  minority  article  on  education  and 
school  lands. 

The  yeas  and  nays  being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Bristow,  Babcock,  Boise,  Burch,  Cox  of  Marion, 
Crooks,  Campbell  of  Clackamas,  Chadwick,  Duncan,  Fitzhugh,  lloult, 
Kinney,  Olney,  Scott,  Waymire  and  Whitted — 16. 


28  CONSTITUTIONAL    CONVENTION. 


Nays — Messrs.  Applegate,  Anderson,  Brattain  of  Linn,  Brattain  of 
Lane,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Drver,  Elkins,  Farrar, 
Grover,  Hendershott,  Kolsey,  Kelly,  Lewis,  Lovejoy,  Loij^an,  Marple, 
Miller,  Moores,  Matzo^er,  McBride/McCormick,  Meigs,  Nichols,  New- 
comb,  Olds,  Peebles,  Prim,  Packwood,  Reed,  Bobbins,  Short,  Shannon, 
Smitli,  Shram,  Shields,  Shattnck,  Williams,  White,  Watts,  Watkins 
and  Mr.  President— 43. 

So  the  motion  was  decided  in  the  negative. 

The  article  on  bill  of  rights  was  read  a  second  time. 

On  motion  of  Mr.  Lovejoy,  the  article  on  bill  of  rights  was  referred 
to  a  committee  of  the  whole. 

On  motion  of  Mr.  Smith,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole.  wi!"h  Mr.  Smith  in  the  chair;  after  some  time  spent 
therein,  the  comm'..  'ose  and  the  President  resumed  the  chair,  and 
the  chairman,  Mr.  Sii^ith,  reported  that  the  committee  having  had 
under  consideration  the  article  on  judicial  department  and  have  made 
progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Bristow,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

Mr.  Smith  offered  the  following  resolution  : 

Resolved^  That  there  shall  be  evening  sessions  of  this  convention 
until  otherwise  ordered,  and  such  evening  sessions  commence  at  seven 
o'clock  p.  M. 

Mr.  Olney  moved  to  add  to  said  resolution  "and  at  eight  o'clock  in 
the  morning ;"  whicli  was  decided  in  the  negative. 

Mr.  Kelly  moved  to  amend  the  resolution  by  adding  "and  at  nine 
o'clock  in  the  morning  ;"  which  was  adopted. 

The  question  being  taken  upon  the  resolution  as  amended,  was  de- 
cided in  the  aitlrmative. 

Mr.  Bristow  moved  to  take  up  the  article  on  militia. 

Mr.  Lovejoy  moved  to  amend  the  motion  by  postponing  the  article 
on  militia  to  Monday  next ;  which  was  adopted. 

Mr.  Applegate  moved  to  reconsider  the  vote  just  taken,  which  was 
agreed  to, 

Mr.  Lovejoy  moved  to  postpone  the  article  on  militia  until  Monday 
next. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Brattain  of  Linn,  Brattain  of  Lane,  Bab- 
cock,  Cox  of  Marion,  Crooks,  Coyle,  Campbell  of  Lane,  Campbell  of 


CONSTITUTIONAL    CONVENTION.  29 

Clackamas,  Chadwick,  Dryer,  Duncan,  Elkins,  Fitzhn^h,  Grover, 
Honlt,  Bendershott,  Kelly,  Lovejoy.  Moores,  Matzger,  Meigt^,  Nichols, 
Nev/conib,  Olncy,  Peebles,  Prim,  Robbins,  Smith,  Shriim,  Shattuck, 
Williams,  Whitted  and  Mr.  President— 34. 

Nays — Messrs.  Bristow,  Bnrch,  Cox  of  Lane,  Farrar,  Kelsey,  Kinney, 
Lewis,  Logan,  Marple,  Miller,  McBride,  McCormick,  Olds,  Packwood, 
Short,  Shannon,  Shields,  Scott,  Waymire.  White,  Watts  and  Watkins 
22. 

So  the  motion  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Smith,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole,  with  Mr.  Smith  in  the  chair;  after  some  time 
spent  therein  the  committee  rose,  and  the  President  resumed  the  chair, 
and  the  chairman,  Mr.  Smith,  reported  that  the  committee,  having  had 
under  consideration  the  article  on  judicial  department  and  have  made 
progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Bristow,  the  convention  took  a  recess. 


EVENING  SESSION. 


7  o'clock  p.  m. 


Mr.  Kelley  offered  the  following  resolution  : 

Resolved^  That  the  term  for  which  the  Judges  of  the  Supreme  Court 
shall  hold  office,  be  limited  to  six  years. 

Mr,  Short  offered  the  following  amendment  to  said  resolution,  to 
strike  out  all  after  the  word  "resolved,"  and  insert  the  following : 
"That  there  shall  be  four  district  judges  elected  within  the  State  of 
Oregon,  by  the  legal  voters  of  their  respective  districts,  who  shall  serve 
as  follows :  One  for  one  year,  one  for  two  years,  one  for  three  years, 
and  one  for  four  years,  to  be  decided  by  lot." 

Mr.  Farrar  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  now  be  put?  which  was 
decided  in  the  affirmative. 

The  question  was  then  taken  upon  the  amendment  to  the  resolution. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas^Messrs.  Applegate,  Dryer,  Farrar,  Ilendershott,  Kinney, 
Logan,  Marple,  McBride,  Olds,  Short  and  Scott — 11. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock,  Boise,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Campbell 
of  Clackamas,  Chadwick,  Duncan,  Elkins,  Fitzhngh,  Grover,  Iloult, 
Kelsey,  Kelly,  Lovejoy,  Miller,  Moores,  Matzger,  McCormick,  Meigs, 
Nichols,  Newcomb,  Olney,  Peebles,  Prim,  Packwood,  Shannon,  Smith, 
5 


30  CONSTITUTIONAL    CONVENTION. 


Slinim,  Shields,  Sliattiiek,  Waviriire,  Williams,  White,  Watts,  Watkins, 
Whitted  and  Mr.  President— i2. 

So  the  amend  merit  was  decided  in  the  ne<^ative. 

Mr.  Logan  moved  to  amend  the  resolution  bj  striking  out  tlie  word 
"six,"  and  in  lieu  thereof  insert  the  word  "four." 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Applegate,  Drver,  Farrar,  Hendershott,  Kinney, 
Logan,  Marple,  McBride,  Olds.  Short.  Scott,  White  and  Watts — 18. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock,  Boise,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Cainpbell 
of  Clackamas,  Duncan,  Chadwick,  Elkins,  Fitzhugh,  Grover,  Hoult, 
Kelsey,  Kell}',  Lovejoy,  Miller,  Moores,  Matzger,  McCormick,  Meigs, 
Nichols,  Newcomb,  Olney,  Peebles,  Prim,  Packwood,  Shannon,  Smith, 
Shrum,  Shields,  Shattnck,  Waymire,  Watkins,  Whitted  and  Mr.  Presi- 
dent—39. 

So  the  amendment  was  decided  in  the  negative. 

The  question  recurring  upon  tlie  adoption  of  the  resolution  offered 
by  Mr,  Kelley,  Mr.  Farrar  moved  the  previous  question.  The  question 
being,  "  Shall  the  main  question  now  be  put?"  which  was  decided  in 
the  affirmative. 

The  question  being  upon  the  adoption  of  the  resolution,  the  yeas 
and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Biistovv,  Brattain  of  Lane,  Coyle,  Cox  of 
Lane,  Elkins,  Fitzhugh,  Farrar,  Hoult,  Hendershott,  Kelsey,  Kinney, 
Kell}',  Lovejoy,  Miller,  Moores,  Matzger,  Meigs,  Nichols,  Newcomb, 
Peebles,  Packwood,  Shannon,  Shrum,  Shattuck,  Scott,  Waymire, 
White  and  Watts— 29. 

Nays — Messrs.  Brattain  of  Linn,  Babcock,  Boise,  Crooks,  Campbell 
of  Lane,  Campbell  of  Clackamas,  Chadwick,  Dryer,  Duncan,  Grover, 
Logan,  Mar])le,  McBride,  McCormick,  Olds,  Olney,  Prim,  Short, 
Sniith,  Shields,  Watkins,  Whitted  and  Mr.  President— 23. 

So  the  resolution  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Farrar,  the  convention  adjourned. 


THURSDAY,  AUGUST  27,  1857. 

9  o'clock,  a.  m. 
The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  ail  the  members  present  except  Messrs.  Bab- 
cock, Marple,  Peebles,  Packwood,  Starkweather  and  Watkins. 
The  journal  of  yesterday  was  read  and  approved. 
Mr.  Smith  offered  the  following  resolution  : 


CONSTITUTIONAL   CONVENTION.  31 

Resolved^  That  Mr.  W.  N.  Walton,  of  California,  be  admitted 
within  the  bar  of  this  convention  as  a  rejjorter  for  the  newspaper  press 
of  that  State  ;  which  was  adopted. 

Mr.  Logan  offered  the  followino;  resolution  : 

Resolved,  That  provision  be  made  in  the  Constitution  for  the  aboli- 
tion of  jEjrand  juries  and  the  substitution  of  some  otiier  mode  of  pre- 
senting crimes  and  offences  to  the  courts  for  trial ;  which  was  with- 
drawn by  mover. 

Mr.  Prim  offered  the  following  resolution  : 

Resolved,  That  a  Supreme  Court  consisting  of  one  Judge,  to  be 
elected  by  the  people  at  large,  be  incorporated  into  the  judicial  svstem, 
Provided,  The  number  of  judges  may  be  increased  when  the  popula- 
tion shall  exceed  one  hundred  thousand  inhabitants. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Applegate,  Duncan,  Farrar,  Hendershott,  Kinney, 
Kelley,  Lewis,  Lovejoy,  Logan,  McBride,  Meigs,  Marple,  Newcomb, 
Olds,  Prim,  Reed,  Short,  Scott  and  Watkins— 19. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Boise,  Burch,  Cox  of  Marion,  Crooks,  Covle,  Cox  of 
Lane,  Campbell  ot  Lane,  Campbell  of  Clackamas,  Chadwick,  Dryer, 
Elkins,  Fitzhugh,  Grover,  Hoult,  Kelsey,  Miller,  Moores,  Matz'ger, 
McCormick,  Nichols,  Olney,  Robbins,  Shannon,  Smith,  Shrum,  Sliields, 
Shattuck,  Waymire,  Williams,  White,  Watts,  Whitted  and  Mr.  Presi- 
dent—38. 

So  the  resolution  was  decided  in  the  negative. 

Mr.  Smith  gave  the  following  notice  to  amend  Rule  No.  — 

That  during  the  residue  of  the  session  of  this  convention,  the  yeas 
and  nays  shall  not  be  ordered  in  any  instance  except  upon  the  iinal 
passage  of  articles,  uidess  called  for  by  at  least  ten  members. 

The  article   on   executive  department  was  read  a  second  time. 

On  iT)otion  of  Mr.  Smith,  tlie  article  on  executive  department  was 
referred  to  the  committee  of  the  whole. 

The  article  on  administrative  department  was  read  a  second  time. 

On  motion  of  Mr.  Lovejoy,  the  article  on  administrative  department 
was  referred  to  the  committee  of  the  whole. 

The  article  on  cori)orations  and  internal  improvements  was  read  a 
second  time. 

On  motion  of  Mr.  Grover,  the  article  on  corporations  and  internal 
improvements  was  referred  to  the  committee  of  the  whole. 

On  motion  of  Mr.  Lovejoy,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Lovejoy  in  the  chair;  after  some 
time  spent  therein,  the  committee  rose,  and  the  President  resumed  the 
chair,   and  the  chairman,  Mr.  Lovejoy,  reported   that  the  committee 


32  CONSTITUTIONAL    CONVENTION. 


having  had  under  consideration  the  article  on  judicial  department,  and 
have  made  procress  tlierein,  and  ask  leave  to  sit  again. 
On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

Mr.  Smith  offered  the  following  resolution  : 

Resolved,  That  the  convention  approve  tiie  system  of  County  Courts 
as  reported  by  the  Committee  on  the  Judicial  Department. 

Mr.  Reed  moved  the  previous  question. 

The  question  l>eing,  Siiall  the  main  question  be  now  put?  which  was 
decided  in  the  afhrmative. 

The  yeas  and  nays  being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Brattain  of  Linn.  Bristow,  Brattain  of  Lane,  Babcock, 
Boise,  Cox  of  Marion,  Campbell  of  Lane,  Chadwick,  Dancan,  Elkins, 
Fitzhugh,  Grover,  Honlt,  Kelly,  Moores,  Meigs,  Olney,  Prim,  Reed, 
Shannon.  Smith,  Shields,  Starkweather,  Wayniire,  Williams,  Whitted 
and  Mr.  President — 27. 

Nays — Messrs.  Applegate,  Anderson,  Burch,  Crooks,  Coyle,  Camp- 
bell of  Clackamas,  Dryer,  Farrar,  Hendershott,  Kelsey,  Kinney,  Lewis, 
Logan,  Marple.  Miller,  Matzger,  McBride,  McCormick,  Nichols,  New- 
comb,  Olds,  Packwood,  Robbins,  Short,  Shrnm,  Shattuck,  Scott, 
White,  Watts  and  Watkins— 30. 

So  the  resolution  was  decided  in  the  negative. 

On  motion  of  Mr.  Kelly,  the  convention  resolved  itself  into  the  com- 
mittee uf  the  whole,  with  Mr.  Kelly  in  tlie  chair;  after  some  time  spent 
therein,  the  committee  rose  and  the  President  resumed  the  chair,  and 
the  chairman,  Mr.  Kelly,  reported  that  the  committee  having  had 
under  consideration  the  article  on  judicial  department,  and  have  made 
progress  therein,  and  ask  leave  to  sit  again. 

Mr.  Olney  offered  the  following  resolution : 

That  the  ct)nvention  will  meet  at  eight  o'clock  a.  m.  and  two  o'clock 
p.  M.,  and  that  the  niglit  session  be  dispensed  with. 

Mr.  Dryer  moved  a  call  of  the  house. 

On  motion  of  Mr.  Kellj',  tlie  call  was  dispensed  with. 

The  question  recurring  upon  the  adoption  of  the  resolution,  which 
was  decided  in  the  affirmative. 

On  motion  of  Mr.  Lovejoy,  the  convention  adjourned. 


CONSTITUTIONAL    CONVENTION.  33 


FRIDAY,  AUGUST  28,  1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  bein^  called,  all  the  members  present  except  Messrs.  Apple- 
o:ate,  Cox  of  Marion,  Campbell  of  Clackamas,  Kelsey,  McBride.  Peebles, 
Packwood,  Roljbins,  Scott,  Starkweather,  Williams  and  Watkins. 

The  journal  of  yesterday  was  corrected,  read  and  approved. 

On  motion,  Mr.  Marple  was  granted  leave  to  have  his  vote  recorded 
on  the  resolution  of  Mr.  Prim,  in  relation  to  the  Supreme  Court,  in  the 
atiirmative. 

Mr.  Smith  in  pursuance  of  notice  offered  the  following  resolution  : 

Resolved^  That  during  the  residue  of  the  session  of  this  convention, 
the  yeas  and  nays  shall  not  be  ordered  in  any  instance,  except  upon  the 
final  passage  of  articles,  unless  called  for  by  at  least  ten  members. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock, 
Burch,  Cux  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Campbell  of  Clackamas,  Chadwick,  Duncan,  Elkins,  Fitzhugh,  Grover, 
Hoult,  Kelsey,  Kelly,  Lovejoy,  Moores,  McCormick,  Newcomb,  Olney, 
Reed,  Robbins,  Shannon,  Smith,  Shields,  Starkweather,  Waymire, 
Williams,  White,  Whitted  and  Mr.  President— 35. 

Nays — Messrs.  Applegate,  Anderson,  Dryer,  Farrar,  Hender.shott, 
Kiimey,  Lewis,  Logan,  Marple.  Miller,  Matzger,  Meigs,  Nichols,  Olds, 
Prim,  Short,  Shattuck,  Scott,  Watts  and  Watkins — 20, 

So  the  resolution  was  adopted. 

Mr.  Reed  gave  notice  that  he  would  introduce,  on  to-morrow,  an 
amendment  to  Rule  17,  to-wit :  By  striking  out  all  after  the  word 
"than"  in  the  second  line,  and  substituting  the  following  words:  once 
to  the  same  question  without  the  leave  of  the  convention,  nor  more 
than  twenty  minutes  at  any  one  time. 

Mr.  Farrar  gave  notice  that  he  would  introduce  on  to-morrow,  or 
some  future  day,  amendment  to  Rule  17,  to-wit:  Strike  out  the  word 
"twice"  in  the  first  line,  and  insert  "once;"  the  word  "forty"  in  third 
line,  and  insert  the  word  "fifteen." 

Mr.  Applegate  asked  leave  of  absence  from  this  day  until  the  end  of 
the  session. 

The  question  being,  Shall  leave  be  granted  ?  The  yeas  and  nays 
being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Campbell  of  Lane,  Dryer,  Prim,  Reed,  Shannon  and 
Shattuck — 6. 

Nays — Messrs.   Anderson,   Brattain   of  Linn,   Bristow,   Brattain   of 

Lane,  Babcock,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane, 

•^  Campbell  of  Clackamas,  Chadwick,  Duncan,  Elkins,  Fitzhugh,  Farrar, 


34  CONSTITUTIONAL    CONVENTION. 

Grover,  Ilonlt,  Hendershott,  Kelsey,  Kinney,  Lovejo}^  Logan,  Marple, 
Mooi'es,  Matzi^er,  McCorniick,  Meigs,  Nichols,  Newcomb,  Olds,  Oliiey, 
Pack  wood,  Robbins,  Short,  Smith,  Shields,  Scott,  Starkweather,  Way- 
mire,  Williams,  White,  Watts,  Watkins,  Whitted  and  Mr.  President 
—46. 

So  leave  of  absence  was  refused. 

Mr.  Logan  gave  notice  to  amend  a  rule  as  follows : 
liesolved^  That  the  names  of  the  persons  demanding  the  yeas  and 
nays  be  entered  on  tiie  record. 

The  article  on  education  and  school  lands  was  read  a  second  time. 

On  motion  of  Mr.  Kelly,  the  article  on  education  and  school  lands 
was  referred  to  the  committee  of  the  whole. 

The  article  on  suffrages  and  elections  was  read  a  second  time. 

On  motion  of  Mr.  Grover,  the  article  on  suffrages  and  elections  was 
referred  to  committee  of  the  whole. 

On  motion  of  Mr,  Grover,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Grover  in  the  chair ;  after  some  time 
spent  therein,  the  committee  rose,  and  the  President  resumed  the  chair, 
and  the  chairman,  Mr.  Grover,  reported  that  the  committee  having 
had  under  consideration  the  article  on  judicial  department,  and  have 
made  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Grover,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Grover  in  the  chair;  after  some  time 
spent  therein,  the  committee  rose  and  the  President  resumed  the  chair, 
and  the  chairman,  Mr.  Grover,  reported  that  the  committee  having  had 
under  consideration  the  article  on  judicial  department,  have  made 
progress  therein,  and  ask  leave  to  sit  again. 

On  motion,  the  convention  adjourned. 


SATURDAY,  AUGUST  29,  1857. 

8  o'clock,  a.  m. 
The  convention  met  pursuant  to  adjournment. 
The  roll  being  called,  all  the  members  present  except  Messrs.  Apple- 


CONSTITUTIONAL    CONYENTION.  35 

g;ate,  Boise,  Campbell  of  Clackamas,  Elkins,  Hendershott,  Kinney, 
Lovejo}',  McBride,  Peebles,  Packwood,  Reed,  Robbius,  Short,  Smith, 
Shriim,  Sliatlnck,  Williams  and  Watkins. 

The  journal  of  yesterda}'  was  read  and  approved. 

Mr.  White  presented  a  petition  of  Abel  Stewart  and  others  in  rela- 
tion to  a  prohibitory  liquor  law. 

On  motion  of  Mr.  Kelly,  the  petition  was  referred  to  the  Committee 
on  Judicial  Department. 

Mr.  Marple  offered  the  following;  resolution  : 

Resolved^  That  when  the  article  on  the  judiciary  be  recommitted, 
the  committee  be  instructed  not  to  carry  into  effect  the  principles 
recommended  by  the  committee  of  the  whole,  to  the  effect  that  the 
Legislature  have  power  to  abolish  the  system  of  Grand  Juries  in  this 
State. 

On  motion  of  Mr.  Waymire,  the  resolution  was  laid  on  the  table. 

Mr.  Reed,  in  pursuance  of  notice,  offered  the  following  resolution  : 

Resolved^  That  Rule  17  be  amended  by  striking  out  all  of  said  rule 
after  the  word  "then"  in  said  rule,  and  substituting  the  words  "once  to 
the  same  question  without  leave  of  the  convention,  nor  more  tiian 
twenty  minutes  at  one  time." 

Mr.  AVatts  moved  to  amend  the  resolution  by  the  following  words, 
"Except  upon  articles  or  clauses  to  be  inserted  in  the  constitution  u])on 
their  tinal  passage;"  which  was  adopted. 

Mr.  Waymire  moved  to  lay  the  resolution  on  the  table;  which  was 
decided  in  the  negative. 

Mr.  Kelly  moved  to  amend  by  striking  out  the  word  "once"  in  said 
resolution,  and  insert  the  w^ord  "twice"  in  lieu  thereof;  which  was 
adopted. 

The  question  recurring  upon  the  ado])tion  of  the  resolution  as 
amended  ;  which  was  decided  in  the  atiirmative. 

Mr.  Logan,  in  pursuance  of  notice,  offered  the  following  resolution  : 

Resolved,  That  the  names  of  the  persons  demanding  the  yeas  and 
nays  be  entered  on  the  record. 

i?he  question  being.  Shall  the  resolution  be  adopted  ?  which  was  de- 
cided in  the  negative. 

Mr.  Williams  offered  the  following  resolution  : 

Resolved,  That  it  is  expedient  to  incorporate  into  the  Constitution  a 
provision  declaring  that  no  claiu)  whatever  against  the  State  shall  be 
considered  or  passed  upon  by  the  General  Assembly,  until  it  has  been 
submitted  to  and  decided  upon  by  the  Auditor  of  Public  Accounts, 
with  the  right  in  the  General  Assembly  to  overrule  the  decision  of  said 
Auditor  by  a  two-thirds  vote. 

On  motion  of  Mr.  Williams,  the  resolution  was  laid  on  the  table. 

Mr.  Applegate  offered  the  following  resolution  : 


36  CONSTITUTIONAL    CONVENTION. 

Reaolved^  That  this  convention  will  submit  the  question  of  slavery 
to  be  decided  by  a  direct  vote  of  the  people. 

Resolved^  That  any  debate  on  the  subject  of  slavery  except  upon  the 
subject  of  its  submission  to  the  people,  shall  be  and  is  hereby  declared 
out  of  order. 

On  motion  of  Mr.  Williams,  the  resolution  was  laid  on  the  table. 

On  motion  of  Mr.  Olncy,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole  with  Mr.  Grover  in  the  chair ;  after  some  time 
spent  therein,  the  committee  rose,  and  the  President  resumed  the  ciiair, 
and  the  chairman,  Mr.  Grover,  reported  that  the  cotnmittee  having 
had  under  consideration  the  article  on  judicial  department,  and  have 
made  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr,  Burch,  the  convention  adjourned  until  Monday  at 
9  o'clock  A.  M. 


MONDAY,  AUGUST  31,  1857. 

9  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  President  not  being  present  on  account  of  illness,  the  convention 
was  called  to  order  by  Mr.  Kelly, 

On  motion  of  same,  the  convention  elected  Mr,  Grover  President, 
pro  ter/i. 

The  coll  being  called,  ail  the  members  present,  except  Messrs.  Bab- 
cock,  Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Camp- 
bell of  Clackamas,  Dryer,  Elkins,  Kelsey,  Kinney,  Lewis,  Lovejoy, 
Logan,  Marple,  Miller,  McBride,  Olds,  Peebles,  Pobbins,  Shannon, 
Smith,  Shrum,  Shields,  Waymire,  Williams,  Watts,  Watkins  and  Mr. 
President. 

There  being  no  quorum  present,  on  motion  of  Mr.  Olney,  ordered  a 
call  of  the  convention. 

The  roll  being  called  through,  the  following  members  failed  to  answer 
to  their  names :  Messrs.  Babcock,  Boise,  Burch,  Cox  of  Marion,  Crooks, 
Coyle,  Campbell  of  Clackamas,  Dryer,  Elkins,  Farrar,  Lewis,  Lovejoy, 
Logan,  Marple,  Milller,  McBride,  Olds,  Peebles,  Reed,  Robbins,  Shan- 
non, Smith,  Shrum,  Shields,  Shattuck,  Waymire,  Watkins  and  Mr, 
President. 

A  quorum  appearing  present,  on  motion  of  Mr.  Olney,  a  further 
call  was  dispensed  with. 

The  journal  of  Saturday  was  read  and  approved, 

Mr,  McCormick  offered  the  following  resolution  : 

Resolvedy  That  it  is  the  sense  of  this  convention  that  it  can  conclude 


CONSTITUTIONAL    CONYENTIOK 


its  labors  and  adjourn  sine  die  on  or  before  the  21st  day  of  September 
next ;  which  was  adopted. 

On  motion  of  Mr.  McCormick,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Boise  in  the  chair;  after  some  time 
spent  therein,  the  committee  rose,  and  the  President  resumed  the 
chair,  and  the  chairman,  Mr.  Boise,  reported  that  the  committee  of  the 
whole  having  had  under  consideration  the  article  on  judicial  depart- 
ment, report  the  same  back,  with  sundry  amendments,  and  recom- 
mend its  reference  back  to  the  Committee  on  Judicial  Department. 

On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 


2  o'clock  p.  m. 


Mr.  Peebles  offered  the  following  resolution  : 

Resolved^  That  three  hundred  copies  of  the  journal  of  this  conven- 
tion be  ordered  to  be  printed,  subject  to  its  order,  for  distribution. 

On  motion  of  Mr.  McCormick,  the  resolution  was  laid  on  the  table. 

On  motion  of  Mr,  Peebles,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Peebles  in  the  chair;  after  some  time 
spent  therein,  the  President  J9r6>  tern,  resumed  the  chair,  and  the  chair- 
man, Mr.  Peebles,  reported  thait  the  committee  having  had  under  con- 
sideration the  article  on  executive  department  and  administrative  de- 
partment, and  report  the  same  back  to  the  convention,  with  sundry 
amendments. 

On  motion,  the  convention  adjourned. 


TUESDAY,  SEPTEMBER  1,  1857. 

8  o'clock  a.  m. 
The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Ap- 
plegate,  Anderson,  Bristow,  Cox  of  Lane,  Chad  wick,  Dryer,  Duncan, 
Farrar,  Kelsey,  Kelly,  Lewis,  Lovejoy,  Logan,  Miller,  McBride,  Olds, 
Packwood,  Reed,  Shrum,  Shields,  Williams,  White  and  Watkins. 

The  reading  of  the  journal  of  yesterday  was  dispensed  with  on  ac- 
count of  the  illness  of  the  Secretary. 

Mr.  Matzger  presented  a  petition  of  Jacob  Holgate  and  others,  rela- 

V  tive  to  a  prohibitory  liquor . 

6 


38  CONSTITUTIONAL    CONVENTION. 

On  motion,  the  petition  was  referred  to  the  Committee  on  the  Judi- 
cial Department. 

Mr.  Moores  presented  a  petition  of  James  M.  Chandler  and  others, 
relative  to  a  prohibitory  liquor  law. 

On  motion,  the  petition  was  referred  to  the  Committee  on  the  Judi- 
cial Department. 

Mr.  Marple  offered  a  substitute  to  the  article  on  judicial  department; 
•which  was  ou  motion  referred  to  the  Committee  on  Judicial  Deparment. 

Mr.  Olney  offered  a  resolution  in  relation  to  changincy  the  hour  of 
the  meeting  of  the  convention  in  the  forenoon  from  8  o'clock  to  9 
o'clock;  which  was  decided  in  the  negative. 

Mr.  Starkweather  offered  the  following  resolution  : 

Mesolved,  That  the  Governor  of  the  State  of  Oregon  shall  receive  an 
annual  salary  of  twelve  hundred  dollars;  the  Secretary  of  State  shall 
receive  an  annual  salary  of  one  thousand  dollars;  the  Judges  of  the 
Supreme  Court  shall  receive  an  aimual  salary  each  of  fifteen  hundred 
dollars,  and  that  Justices  and  Clerks  of  tlie  Count}'  Courts,  and  the 
Auditor,  Treasurer,  Sheriff,  Coronor,  and  Surveyor  of  the  several 
counties  shall  each  receive  such  compensation  as  shall  be  prescribed  by 
law. 

On  motion,  the  resolution  was  laid  on  the  table. 

The  article  on  uiilitia,  which  was  made  the  order  of  to-da}',  was 
taken  up  with  the  following  amendments  as  reported  from  the  commit- 
tee of  the  whole : 

First  amendment — first  section — By  striking  out  the  word  "free." 

Second  amendment— Strike  out  the  word  "white,"  in  the  first  section. 

Third  amendments — Strike  out  the  word  "any,"  in  the  second  sec- 
tion, first  line,  and  add  the  letter  "s"  to  the  word  person,  in  the  same 
line  and  section. 

The  question  being  on  agreeing  to  the  said  amendments,  and  they 
were  severally  agreed  to. 

Mr.  Grover  mov^ed  to  amend  the  second  section,  first  line,  by  strik- 
ing out  the  word  "carry,"  and  insert  in  lieu  thereof  the  word  "bear;" 
which  was  adopted. 

Mr.  Kelly  moved  to  amend  section  four  by  adding  after  the  word 
"officers"  the  following:  "And  the  Governor  shall  commission  all  offi- 
cers of  the  line  and  staff  ranking  as  such;  which  was  adopted. 

Mr.  Kelly  moved  to  strike  out  section  "five";  which  was  adopted. 

Mr.  Peebles  moved  to  amend  section  three  by  striking  out  the  fol- 
lowing words.  Major-General,  Brigadier-General,  Colonels,  Lieutenant- 
Colonels,  Majors,  Captains  and  subalterns,"  and  in  lieu  thereof  the 
words,  "All  officers  of  the  line;"  which  was  adopted. 

Mr.  Grover  moved  to  amend  section  three  by  adding  after  the  word 
"and"  in  the  first  line  the  following  words:  "The  other  chief  officers  of 
the  general  staff  and  his  own  staff;"  which  was  adopted. 


CONSTITUTIONAL    CONVENTION. 


On  motion  the  article  on  militia  was  ordered  to  be  engrossed  and 
read  a  third  time  on  Thursday  next. 

The  articles  on  the  executive  department  with  sundry  amendments 
as  reported  from  the  committee  of  the  whole  on  yesterday,  were  sever- 
ally taken  up  as  follows: 

First  amendment — Section  one,  by  adding  the  word  "chief"  before 
the  word  "executive"  in  the  first  line. 

Second  amendment — Section  three,  by  adding  after  the  word  "State" 
the  words  "or  any  other  power." 

Third  amendment — Strike  out  all  after  the  word  "remitted"  in 
section  fourteen. 

Fourth  amendment — Section  seven,  first  line,  strike  out  all  after  the 
word  "shall"  and  insert  "be  two  years  and  shall  commence  at  such 
time  as  may  be  provided  by  law  or  this  Constitution." 

The  question  being  upon  agreeing  to  the  said  amendments,  they 
were  severally  agreed  to. 

Mr.  Kelly  moved  to  amend  third  section,  after  the  word  "Governor" 
add  the  tollowing  words:  "Except  as  may  otherwise  be  provided  in  this 
Constitution";  which  amendment  was  adopted. 

Mr.  Kelly  moved  to  amend  section  one  by  striking  out  the  word 
"six,"  and  in  lieu  thereof  insert  the  word  "eight;"  which  amendment 
was  adopted. 

Mr.  Waymire  moved  to  amend  first  section  by  striking  out  the  word 
"two,"  and  in  lieu  thereof  insert  the  word  "four." 

The  yeas  and  nays  being  demanded  resulted  as  follows : 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babcock, 
Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of 
Lane,  Campbell  of  Clackamas,  Duncan,  Elkins.  Fitzhugh,  Grover, 
Hoult,  Kelsey,  Kinney,  Moores,  Matzger,  McCormick,  Nichols,  New- 
comb,  Olney,  Peebles,  Prim,  Packwood,  Robbins,  Smith,  Shields, 
Starkweather,  Waymire,  Williams,  Watts,  Watkins,  Whitted  and  Mr. 
President— 38. 

Nays — Messrs.  Anderson,  Kelly,  Marple,  Short,  Shannon,  Shattuck, 
Scott  and  White— 8. 

So  the  amendment  was  adopted. 

Mr.  Marple  moved  to  amend  Section  two,  line  three,  by  striking  out 
the  word  "three." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of  Lane, 
Cox  of  Marion,  Coyle,  Hoult,  Marple,  Matzger,  McCormick,  Olney, 
Peebles,  Packwood,  Robbins,  Shannon,  Scott  and  Williams — 17. 

Nays — Messrs.  Babcock,  Boise,  Burch,  Crooks,  Cox  of  Lane,  Camp- 
bell of  Lane,  Campbell  of  Clackamas,  Duncan,  Elkins,  Fitzhugh,  Grover, 
Kinney,  Kelly,  Moores,  Meigs,  Nichols,  Newcomb,  Prim,  Short,  Shields, 


40  CONSTITUTIONAL    CONVENTION. 

Shattuck,  Starkweather,  Waymire,  White,  Watts,  Watkins,  Whitted 
and  Mr.  President — 28. 

So  the  amendment  was  disao^reed  to. 

On  motion  of  Mr.  Kelly,  the  article  on  executive  department  was 
ordered  to  be  enorrossed  and  read  a  third  time  on  Thnrsday  next. 

On  motion  of  Mr.  Peebles,  the  convention  took  a  recess. 


AFTERNOON   SESSION. 

2  o'clock,  p.  m. 

The  articles  on  administrative  department,  with  sundry  amendments 
as  reported  from  the  committee  of  the  whole,  were  taken  np  as  follows: 

First  amendment — Section  6,  strike  out  the  words  "Clerk  of  the  Cir- 
cuit Court,  Auditor,  Recorder,"  and  insert  "Connty  Clerk." 

Second  amendment — Section  1,  strike  out  the  word  "two"  and  insert 
the  word  "four ;"  strike  out  the  word  "four,"  and  insert  the  word 
"eiffht ;"  strike  out  the  word  "six,"  and  insert  the  word  "twelve." 

The  question  being  on  asjreeino'  to  said  amendments,  they  were  sev- 
erally agreed  to. 

Mr.  Boise  moved  to  amend  section  1,  by  adding  at  the  end  of  said 
section,  a  proviso:  Provided^  That  the  Governor  act  as  ex-officio 
Treasurer  for  the  term  of  ten  years. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Bristow,  Brattain  of  Lane,  Babcock,  Boise,  Cox  of 
Marion,  Cox  of  Lane,  Campbell  of  Lane,  Duncan,  Fitzhugh,  Hoult, 
Moores,  Matzger,  Nichols,  Newcomb,  Fcobbins,  Starkweather,  Way- 
mire, Williams  and  Mr.  President — 19, 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Burch,  Crooks,  Coyle, 
Campbell  of  Clackamas,  Elkins,  Grover,  Hendershott,  Kelsey,  Kinney, 
Kelly,  Marple,  McBride,  McCormick,  Meigs,  Olney,  Peebles,  Prim, 
Short,  Shannon,  Smith,  Shields,  Shattuck,  Scott,  White,  Watts,  Wat- 
kins  and  Whitted— 29. 

So  the  amendment  was  disagreed  to. 

Mr.  Marple  moved  to  amend  section  1,  by  striking  out,  in  the  third 
and  fourth  lines,  the  words,  "But  no  person  shall  be  eligible  to  either 
of  said  offices  more  than  eight  in  any  period  of  twelve  years." 

The  yeas  and  nays  being  demanded  resulted  as  follows : 

Yeas — Messrs.  Anderson,  Bristow,  Brattain  of  Lane,  Crooks,  Camp- 
bell of  Lane,  Fitzhugh,  Hoult,  Hendershott,  Marple,  Moores,  Matzger, 
Olney,  Packwood,  Smith,  Shields,  Shattuck,  Scott,  Starkweather,  VV ay- 
mire,  Williams  and  Whitted — 21. 

Nays — Messrs.  Brattain  of  Linn,  Babcock,  Boise,  Burch,  Cox  of 
Marion,  Coyle,  Cox  of  Lane,  Duncan,  Grover,  Kinney,  Kelly,  McBride, 


CONSTITUTIONAL    CONTENTION.  41 


McCormick,  Meifjjs,  Nichols,  Prim,  Kobbins,  Short,  Shannon,  "White, 
Watts  and  Mr.  Fresideut— 22. 

So  the  amendment  was  disagreed  to. 

Mr.  Packwood  moved  to  amend  section  3,  first  line,  by  striking  out 
the  words  "of  State;"  which  was  disagreed  to. 

On  motion  of  Mr.  Smith,  the  article  on  administrative  department 
was  ordered  to  be  engrossed  and  read  a  third  time  on  Thursda}^  next. 

Mr.  Grover  moved  that  the  resolution  providing  for  the  printing  of 
the  journal,  and  proceedings  of  the  convention  be  taken  from  the  table; 
which  was  decided  in  the  attirniative. 

So  the  resolution  was  taken  from  the  table. 

Mr.  Grover  moved  that  the  resolution  in  relation  to  printing  the 
journal  be  adopted  ;  which  was  decided  in  the  negative. 

On  motion  of  Mr.  Smith,  the  convention  resolved  itself  into  the  com- 
mittee ot  the  whole,  with  Mr.  Smith  in  the  chair;  after  some  time  spent 
therein  the  committee  rose,  and  the  President  resumed  the  chair,  and 
Mr.  Smith  reported  that  the  committee  having  had  under  consideration 
the  article  on  corporations  and  internal  improvements,  and  having 
made  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Bristow,  the  convention  adjourned. 


WEDNESDAY,  SEPTEMBER  2,  1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Boise, 
Campbell  of  Clackamas.  Chadwick,  Dryer,  Duncan,  Farrar,  Kelsey, 
Lewis,  Lovejoy,  Logan,  Matzger,  Peebles,  Prim,  Reed  and  Williams. 

The  journals  of  Monday  and  Tuesday  last  were  read,  corrected  and 
approved. 

The  articles  on  education  and  school  lands,  from  a  minority  of  the 
committee  on  the  same,  was  read  a  second  time. 

On  motion  of  Mr.  Grover,  the  article  was  referred  to  the  committee 
of  the  whole. 

On  motion  of  Mr.  Smith,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole  with  Mr.  Smith  in  the  chair;  after  some  time  spent 
therein  the  committee  rose,  and  the  President  resumed  the  chair,. and 
the  chairman,  Mr.  Smith,  reported  that  the  committee  having  had 
under  consideration  the  article  on  corporations  and  internal  improve- 
ments, and  having  made  progress  therein  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


42  CONSTITUTIONAL    CONVENTION. 

AFTERNOON   SESSION. 

2  o'clock  p.  m. 

On  inotion  of  Mr.  Smith,  tlie  convention  resolved  itself  into  the  com- 
mittee of  the  whole,  with  Mr.  Smith  in  the  chair;  after  sometime 
spent  therein  the  committee  rose,  and  tlie  President  resumed  the  chair, 
and  the  chairman,  Mr.  Smith,  reported  that  the  committee  having 
had  under  consideration  the  article  on  corporations  and  internal  im- 
])rovement8  and  having  made  progress  therein,  and  ask  leave  to  sit 
again. 

On  motion,  the  convention  adjourned. 


THURSDAY,  SEPTEMBER  3,   1857. 

8  o'clock,  a.  m. 

The  convention  met  pursuant  to  adjournment. 

Tiie  n)ll  being  called,  all  the  members  present  except  Messrs.  Ap- 
plegate,  Brattain  of  Linn,  Boise,  Dryer,  Kelsey,  Lewis,  Lovejoy,  Logan, 
McCormick,  Meigs,  Nichols,  Reed  and  Shannon. 

The  journal  of  yesterday  read  and  approved. 

Mr.  Kelly  presented  a  petition  of  D.  E.  Blairj  and  others,  relative  to 
a  prohibitory  liquor  law. 

On  motion  of  Mr.  Kelly,  the  petition  was  referred  to  the  Committee 
on  .Judicial  Department. 

Mr.  Kelly  from  the  Committee  on  Executive  Department,  reported 
the  articles  on  executive  and  administrative  departments  as  truly  en- 
grossed . 

Mr.  Smith  offered  the  following  resolution,  which  was  adopted  : 

Resolved,  Tiiat  the  Doorkeeper  of  the  convention  be  and  is  hereby 
directed  to  keep  the  door  of  the  hall  unlocked  from  seven  o'clock  a.  m. 
until  ten  o'clock  p.  m.  of  each  day  of  the  residue  of  the  session. 

Mr.  Elkins  ottered  the  followin<;  resolution  : 

Resolved,  That  a  clause  be  inserted  in  the  constitution  to  prohibit 
free  negroes  or  irulattoes  coming  into  or  settling  in  the  State. 

On  motion  of  Mr.  Peebles,  the  resolution  was  laid  on  the  table. 

Mr.  Kelsey  from  the  Couiinittee  on  Militia,  reported  the  article  on 
militia  as  truly  engrossed. 

The  article  on  legislative  department  was  read  a  second  time. 

On  motion,  the  article  on  legislative  department  was  referred  to  the 
committee  of  the  whole. 

The  article  on  executive  department  was  read  a  third  time. 

The  question  being  upon  passage  of  the  article  read,  the  yeas  and 
nays  being  demanded,  resulted  as  follows  : 


CONSTITUTIONAL   CONVENTION.  43 

Yeas — Messrs.  Anderson,  Bristow,  Brattain  of  Lane.  Babcoek,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane, 
Campbell  of  Clackatnas,  Chadwick,  Duncan,  Elkins,  Fitzhiigh,  Farrar, 
Grover,  Hoult,  Hendershott,  Kelsey,  Kinney,  Kelly,  Marple,  Miller, 
Moores,  Matzger,  Meigs,  Newcomb,  OIney,  Peebles,  Prim,  Packwood, 
Robbins,  Siiort,  Sliannon,  Smith,  Shields,  Shattuck,  Starkweather, 
Waymire,  Williams,  White,  Watts,  Whitted  and  Mr  President — 46. 

Nays — Messrs.  McBride  and  Scott — 2. 

So  the  article  on  executive  department  was  passed. 

The  article  on  administrative  department  was  read  a  third  time. 

The  question  being  upon  the  passage  of  the  article  as  read,  the  yeas 
and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Bristow,  Brattain  of  Lane,  Boise,  Burch, 
Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Camp- 
bell of  Clackamas,  Chadwick,  Duncan,  Elkins,  Fitzhvigh,  Grover, 
Hoult,  Hendershott,  Kelsey,  Kelly,  Marple,  Moores,  Matzger,  New- 
comb,  Olney,  Peebles,  Packwood,  Bobbins,  Short,  Shannon,  Smith, 
Shields,  Scott,  Starkweather,  Waymire,  Williams,  Watts,  Whitted  and 
Mr.  President— 39. 

Nays — Messrs.  Farrar,  M(;Bride,  Meigs,  Shattuck  and  White — 5. 

So  the  article  on  administrative  department  was  passed. 

The  article  on  militia  was  read  a  third  time. 

Mr.  Packwood  moved  to  recommit  the  article  to  the  Committee  on 
Militia,  with  instructions  to  amend  the  third,  so  that  the  Governor 
shall  appoint  the  Adjutant  General  and  other  officers  of  the  general 
staif,  by  and  with  the  advice  of  the  Senate. 

Mr.  Marple  moved  to  amend  the  motion,  with  instructions  that  all 
that  portion  thereof  after  the  first  section  be  stricken  out. 

The  question  being  upon  the  amendment  to  the  motion  ;  which  was 
decided  in  the  negative. 

The  question  then  recurred  upon  the  adoption  of  the  motion  of  Mr. 
Packwood ;  which  was  decided  in  the  negative. 

On  motion  of  Mr.  Kelly,  the  article  on  militia  was  referred  back  to 
the  Committee  on  Militia  to  correct  all  clerical  errors. 

Mr.  Elkins  moved  to  take  from  the  table  the  resolution  in  relation 
to  free  negroes  und  mulattoes;  which  motion  was  withdrawn  by  the 
mover. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole,  with  Mr.  Smith  in  the  chair ;  after  some  time  spent 
therein  the  committee  rose,  and  the  President  resumed  the  chair,  and 
the  chairman,  Mr.  Smith,  reported  that  the  committee  having  had 
imder  consideration  the  article  on  corporations  and  internal  improve- 
ments, and  have  made  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


44  CONSTITUTIONAL    CONVENTION. 

AFTERNOON   SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole,  with  Mr,  Smith  in  the  chair;  after  some  time  spent 
therein  the  committee  rose,  and  the  President  resumed  the  chair,  and 
the  chairman,  Mr.  Smitli,  reported  that  the  committee  having  had 
under  consideration  the  article  on  corporations  and  internal  improve- 
ments, report  the  same  back  to  the  convention  with  sundry  amendments. 

Mr.  Kelsey  from  Committee  on  Militia,  reported  the  article  on  mili- 
tia as  truly  engrossed. 

On  motion,  the  convention  adjourned. 


FHIDAY,  SEPTEMBER  4,  1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Apple- 
gate,  Anderson,  Brattain  of  Linti,  Bristow,  Cox  of  Marion,  Campbell 
of  Clackamas,  Duncan,  Hendershott,  Kelsey,  Kinney,  Lovejoy,  Logan, 
Marple,  McCormick,  Newcomb,  Olds,  Peebles,  Packwood,  Reed,  Rob- 
bins,  Shrura,  Shields,  Shattuck,  Scott,  Starkweather,  Williams,  White 
and  Watkins. 

The  journal  of  yesterda}'  read  and  approved. 

Mr.  Logan  ])resented  a  petition  of  M.  N.  Stearns  and  others,  relative 
to  a  prohibitory  liquor  law. 

On  motion,  the  petition  was  referred  to  the  Committee  on  Judicial 
Department. 

The  article  on  corporations  and  internal  improvements  with  the 
amendments  as  reported  from  the  committee  of  the  whole  on  yester- 
day was  taken  up. 

First  amendment — Sec.  1,  line  Ist,  strike  out  the  word  general,  and 
in  lieu  thereof  insert  the  legislative. 

Second  amendment — Sec.  3,  l)y  striking  out  the  entire  section  and 
insert  the  following :  No  subscriber  tor  any  share  or  shares  in  any  cor- 
poration or  joint  stock  company,  nor  any  assignee  or  holder  of  such 
share  or  shares,  sliall  ever  be  liable  for  more  than  the  nominal  value 
of  such  share  or  shares  therein. 

Third  amendment — Sec.  3,  add  to  the  end  of  said  section  the  follow- 
ing: "  But  so  as  to  impair  or  destroy  any  vested  corporate  rights." 

Fourth  amendment — Sec.  5,  line  Ist,  strike  out  the  word  "general" 
and  in  lieu  thereof  insert  the  word  "  legislative,"  also  strike  out  the 


CONSTITUTIONAL    CONVENTION.  45 


word   "villao;es"  in  the  same  line  and  section   and  insert  the  word 
"  towns." 

Fifth  amendment — Sec.  5,  line  2,  after  the  word  taxation  the  follow- 
ing :  "  and  prohibit  their;"  also  add  at  the  end  of  said  line  and  section 
the  following:  "  to  the  extent  of  their  yearly  revenue." 

Sixth  amendment — Sec.  7th,  line  1st,  strike  out  the  word  "general" 
and  in  lien  thereof  insert  the  word  "  legislative  ;"  also  in  the  same  line 
of  said  section  after  the  word  "  not"  add  the  following  words  :  "  loan 
the  credit  of  the  State  in  any  manner  nor." 

Seventh  amendment — Sec.  7th,  line  2,  the  blank  was  filled  with  the 
words  "fifty  thousand." 

Eighth  amendment — Sec.  10,  by  striking  out  all  after  the  word 
"county"  in  the  first  line  to  and  including  the  word  "it"  in  the 
second  line. 

Ninth  amendment — The  blank  in  Section  10,  third  line,  was  filed  with 
the  words  "five  thousand." 

Tenth  amendment — Sec.  10,  by  striking  out  all  after  the  word 
"county"  in  4th  line  to  and  including  the  word  "corporation"  in 
the  5th  line. 

The  question  being  on  agreeing  to  the  amendments. 

The  first  amendment  was  agreed  to. 

The  second  amendment  was  disagreed  to. 

The  third  and  fourth  amendments  were  agreed  to. 

The  fitth  amendment  was  disagreed  to. 

The  question  being  on  agreeing  to  the  sixth  amendment,  the  yeas 
and  nays  being  demanded  resulted  as  follows  : 

Yeas — Messrs.  Chadwick,  Elkins,  Fitzhugh,  Kelsey,  Kinney,  Olney, 
Prim,  Scott,  Whitted,  and  Mr.  President— 10. 

Na3's — Messrs.  Bristow,  Brattan  of  Lane,  Babcock,  Boise,  Burc^h, 
Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Campbell  of  Clacka- 
mas, Dryer,  Grrover,  Holt,  Kelly,  Lewis,  Loaan,  Miller,  Moores,  Matz- 
ger,  McBride,  Meigs,  Nichols,  Newcomb,  Robbins,  Short,  Shannon, 
Smith,  Shields,  Waymire,  Williams,  White  and  Watkins— 32. 

So  the  amendment  was  disagreed  to. 

The  question  being  on  agreeing  to  the  7th,  Sth,9tli  and  10th  amend- 
ments, and  they  were  severally  agreed  to. 

Mr.  Elkins,  oftered  the  following  amendment  to  Section  3:  By 
striking  out  all  after  the  wordi  "section  three  "  and  insert  the  followingj: 
The  stockholders  of  all  corporations  and  joint  stock  companies  shall  be 
individually  liable  to  an  amount  over  and  above  the  stock  by  him  or 
her  or  them  owned,  any  amount  repaid  thereon  to  a  lurther  sum  at 
least  equal  in  amount  to  such  stock. 

Mr.  Olney  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  affirmative. 
7 


46  CONSTITUTIONAL    CONVENTION. 


The  question  recurring  upon  the  adoption  of  the  amendment,  tlie  yeas 
and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs  Coyle,  Cox  of  Lane,  Elkins,  Fitzhugh,  Grover,  Hoult, 
Kelsey,  Kimiey,  Kelly,  Miller,  Olds,  Packvvood,  Rubbins,  Shannon, 
Starkweather  and  Whitted — IG. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Burch,  Crooks,  Campliell  of  Lane.  Campbell  of  Clackamas, 
Chadwick,  Farrar,  Lewis,  Marple,  Matzger,  McBride,  Meigs, 
Nicliols,  Newcomb,  Olney,  Brim,  Short,  Smitii,  Shields,  Sliat- 
tuck,  Scott,  Waymire,  Williams,  White,  Watts  and  Mr.  President — 29. 

So  the  amendment  was  decided  in  the  negative. 

Mr.  Grover  oifered  the  tollovviiig  amendment  to  Section  3  :  Strike 
out  in  1st  and  2nd  lines,  after  the  word  •'  for"  to  the  word  "  to  "  in 
2nd  lines,  and  insert,  "over  and  above  the  share  or  shares  of  each  in 
the  corporate  property  thereof;"  strike  out  in  4th  line  the  words  "  in- 
curred in  any  other  way, "  and  insert  "  but  this  personal  liability  of 
stockholders  shall  extend  only  to  the  payment  of  debts  incurred  for 
manual  lal)or  performed  and  materials  furnished." 

Mr.  Olney  moved  the  previous  question.  The  question  being,  Shall 
the  main  question  be  now  put?  which  was  decided  in  the  negative. 

Mr.  Olney  moved  the  previous  question.  The  question  being.  Shall 
the  main  question   be  now  put?  which  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas,  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Coyle,  Cox  of  Linn,  Elkins,  Fitzhugh,  Grover,  Miller, 
Matzger,  Olney,  Packwood,  Bobbins,  Shannon,  Williams  and  Whit- 
ted—13. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Boise,  Burch,  Crooks,  Campbell  of  Lane,  Campbell  of 
Clackamas,  Chadwick,  Dryer,  Farrar,  Hoult,  Kelsey,  Lewis,  Logan, 
Marple,  Moores,  McBride,  Meigs,  Nichols,  Newcomb,  Olds,  Prim, 
Short,  Shattuck,  Starkweater,  Waymire,  White,  Watts,  Watkins  and 
Mr.  President— 33. 

So  the  amendment  was  decided  in  the  negative. 

Mr.  Williams  offered  the  following  amendment  to  Section  3: 

By  inserting  in  second  line  before  the  word  "labor"  the  word  "man- 
ual ;"  also  strike  out  in  second  and  third  lines  the  words  "to  the  amount 
of,"  and  insert  "for  any  amount  unpaid  on." 

The  yeas  and  fiays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Bristow,  Cox  of  Lane,  Elkins,  Fitzhugh,  Miller,  Rob- 
bins,  Shannon  and  Williams — 8. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Brattain  of  Lane,  Bab- 
cock, Boise,  Burch,  Crooks,  Coyle,  Campbell  of  Lane,  Campbell  of 
Clackamas,  Chadwick,  Dryer,  Farrar,  Grover,  Hoult,  Kelsey,  Kinney, 
Kelly,   Lewis,   Logan,  Marple,   Moores,   Matzger,    McBride,    Meigs, 


CONSTITUTIONAL    CONVENTION.  47 

Nichols,  Newcomb,  Olds,  Olney,  Prim,  Packwood,  Short,  Shields, 
Shattuck,  Scott,  Starkweather,  Wayraire,  White,  Watts,  Watkins, 
Whitted  and  Mr.  President— 42. 

So  the  amendment  was  decided  in  the  negative. 

Mr.  Olney  moved  to  amend  Section  3,  by  strikingr  out  all  after  the 
word  "liable"  in  lirst  line  to  and  including  the  word  "liable"  in  second 
line. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Babcock,  Boise,  Bnrch,  Cox  of  Lane, 
Campbell  of  Clackamas,  Dryer,  Fitzhugh,  Kinney,  Kelly,  Lewis,  Matz- 
ger,  Nichols,  Olney,  Packwood,  Robbins,  Shannon,  Starkweather, 
Williams  and  Mr.  President — 20. 

Nays — Messrs.  Anderson,  Bristow,  Brattain  of  Lane.  Crooks,  Coyle, 
Campbell  of  Lane,  Chadwick,  Elkins,  Farrar,  Grover,  Hoult,  Hender- 
shott,  Kelsey,  Logan,  Marple,  Miller,  Moores,  McBride,  Meigs,  New- 
comb,  Olds,  Prim,  Short,  Shields,  Shattuck,  Scott,  Waymire,  White, 
Watts,  Watkins  and  Whitted— 3L 

So  the  amendment  was  decided  in  the  negative. 

Mr.  Waymire  moved  to  amend  Section  3,  by  striking  out  Section  3, 
and  insert  the  following : 

Sec.  3.  The  stockholders  of  all  corporations  and  joint  stock  com- 
panies shall  only  be  liable  for  the  indebtedness  of  said  corporation,  to 
the  amount  of  their  capital  stock  subscribed  and  unpaid,  and  no  more. 

Mr.  Olney  moved  to  amend  the  amendment  by  striking  out  the  word 
"only;"  which  was  disagreed  to. 

Mr.  Farrar  moved  the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  athrmative. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Brattain  of  Lane,  Bab- 
cock, Boise,  Bnrch,  Campbell  of  Clackamas,  Chadwick,  Dryer.  Fitz- 
hugh, Farrar,  Hendershott,  Lewis,  Logan,  Marple,  Moores,  McBride, 
Nichols,  Newcomb,  Olds,  Prim,  Short,  Shannon,  Shields,  Shattuck, 
Scott,  Waymire,  White,  Watts,  Watkins  and  Mr.  President — 31. 

Nays — Messrs.  Bristow,  Crooks,  Coyle,  Cox  of  Lane.  Campbell  of 
Lane,  Elkins,  Grover,  lloult,  Kelsey,  Kinney,  Kelly,  Miller,  Matzger, 
Meigs,  Olney,  Packwood,  Koblnns,  Starkweather,  Williams  and  Whit- 
ted—20. 

So  the  amendment  was  decided  in  the  affirmative. 

Mr.  Kelly  moved  to  amend  Section  10,  by  striking  out  all  after  the 
words,  "no  county,"  in  lirst  line  and  insert  "shall  create  any  debts  or 
liabilities,  which  shall  singly  or  in  the  aggregate  exceed  the  sum  of  five 
thousand  dollars,  over  and  above  the  existing  liabilities  of  such  county 


48  CONSTITUTIONAL    CONVENTION, 

at  the  time  of  the  adoption  of  this  constitution,  except  in  case  of  war, 
or  to  suppress  insurrection  or  to  repel  invasion." 

Mr.  Ohiey  moved  to  amend  tlie  amendment  by  addini;  as  follows: 
"But  the  debts  of  any  county  at  the  time  this  constitution  takes  effect 
shall  be  disregarded  in  estimating  the  sum  to  which  such  county  is 
limited;"  which  was  agreed  to. 

The  question  recurring  upon  the  adojition  of  the  amendment  as 
amended  ;  which  was  decided  in  the  affirmative, 

Mr.  Kelly  moved  to  amend  Section  10,  by  striking  out  the  words 
"in  case  of  war  or"  and  "or  repel  invasion." 

A  division  of  the  question  was  called  for;  which  was  granted. 

The  question  was  then  taken  upon  striking  out  the  words  ''in  case 
of  war  or;"  which  was  decided  in  tlie  affirmative. 

The  question  was  then  taken  upon  striking  out  the  words  "or  repel 
invasin;"  which  was  decided  in  the  negative. 

Mr.  Chadwick  moved  to  amend  Section  5,  b}'  inserting  the  word 
"assessment,"  in  second  line,  after  the  word  "taxation;"  which  was  dis- 
agreed to. 

Mr.  Williams  moved  to  amend  Section  1,  second  line,  by  inserting 
after  the  word  "whatever,"  in  said  line,  "nor  shall  any  bank  company 
or  institution  exist  in  the  State." 

Mr.  Olney  moved  to  amend  the  amendment  by  adding  the  words  "or 
have  any  office  or  agency  therein." 

The  question  being  upon  agreeing  to  the  amendment  to  the  amend- 
ment, the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Crooks,  Logan, 
Olds,  Olney,  Ilt)bbins,  Starkweather,  Williams  and  Whitted — 10. 

Nays — Messrs.  Anderson,  Bristow,  Boise,  Burch,  Coyle,  Cox  of  Lane, 
Campbell  of  Clackamas,  Cliadwick,  Dryer,  Elkins,  Fitzhugh,  Farrar, 
Grover,  Hoult,  Ilendcrshott,  Kelsey,  Kinne3%  Kelly,  Lewis,  Marple, 
Miller,  Matzger,  McBride,  Meigs,  Nichols,  Newcomb,  Prim,  Packwood, 
Short,  Shannon,  Smith,  Shields,  Shattuck,  Scott,  Way  mire,  White, 
Watts,  Watkins  and  Mr,  President — 39. 

So  the  amendment  to  the  amendment  was  disagreed  to. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Babcock,  Burch, 
Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Chadwick,  Elkins, 
Fitzhugh,  Grover,  Honlt,  Hendershott,  Kelsey,  Kinney,  Kelly,  Lewis, 
Logan,  Miller,  Newcomb,  Olds,  Olney,  Kobbins,  Shannon.  Shields, 
Scott,  Starkweather,  Wa^^nire,  Williams,  Whitted  and  Mr.  President 
—32. 

Nays — Messrs.  Anderson,  Bristow,  Boise,  Campbell  of  Clackamas, 
Dryer,  Farrar,  Marple,  Matzger,  McBride,  Meigs,  Nichols,  Prim,  Pack- 
wood,  Short,  Smith,  Shattuck,  White,  Watts  and  Watkins — 19. 


CONSTITUTIONAL    CONVENTION.  49 


So  the  amendment  was  adopted. 

On  motion,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Eristow,  the  articles  on  corporations  and  internal 
improvements  was  ordered  to  be  eno;rossed  and  read  a  third  time  on 
Monday  next. 

The  article  on  militia  was  read  a  third  time. 

The  question  beino^  upon  the  final  passage  of  the  article  as  read. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Bristow.  Babcock,  Boise,  Burch, 
Crooks,  Cox  of  Lane,  Campbell  of  Lane,  Caujpbell  of  Clackamas,  Chad- 
wick,  Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult,  Kinney,  Kelly,  Lewis, 
Logan,  Marple,  Miller,  Moores,  Meigs,  Nichols,  Newcomb,  Olds,  Prim, 
Bobbins,  Short,  Shannon,  Shields,  Shattuck,  Scott,  Starkweather, 
Waymire,  White,  Watts,  Whitted  and  Mr.  President— 39. 

Nays — Messrs.  Brattain  of  Lane,  Dryer,  McBride,  Olney,  Paekwood 
and  Watkins — 6. 

So  the  article  of  militia  was  passed. 

The  Committee  on  Judicial  Department  reported  back  the  article  on 
the  same  as  directed  by  the  convention. 

The  article  on  judicial  department  was  read  a  second  time. 

On  motion  of  Mr.  Kellj',  the  article  on  judicial  department  was 
ordered  to  be  printed. 

Mr.  Olney  of  the  Committee  on  Judicial  Department,  submitted  a 
separate  proposition  ;  which  was  read,  and  on  motion  of  Mr.  Olney, 
ordered  to  be  printed  and  attached  to  the  article  on  judicial  depart- 
ment. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole,  on  the  article  on  legislative  department,  with  Mr. 
Olney  in  the  chair;  after  some  time  spent  therein  the  committee  rose, 
and  the  President  resumed  the  chair,  and  the  chairman,  Mr.  Olney, 
reported  that  the  committee  having  had  under  consideration  the  article 
on  legislative  department,  having  made  progress  therein,  and  ask  leave 
to  sit  again. 

On  motion  of  Mr.  Bristow,  the  convention  adjourned. 


50  CONSTITUTIONAL    CONVENTION. 

SATURDAY,  SEPTEMBER  5,  1857. 

8  o'clock  a.  m. 

Tlie  coiiventioii  met  pursuant  to  adjournment. 

The  roll  beitij;  called,  all  the  members  present  exee])t  Messrs.  Apple- 
gate,  Anderson,  Bristow,  Boise,  Cox  of  Marion,  Coyle,  Campbell  of 
Clackamas,  Duncan,  Kelsey,  Kinney,  Lewis,  Lovejoy,  Marple,  Matz- 
g-er,  McCormick,  Newcomb,  Packwood,  Reed,  Slirum,  Siiields,  Scott, 
Starkweather,  Williams  and  White. 

The  journal  of  yesterday  was  read,  corrected  and  approved. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole,  on  article  on  lea;islative  department,  with  Mr. 
Olney  in  the  chair;  after  some  time  spent  therein,  the  committee  rose, 
and  the  President  resumed  the  chair,  and  the  chairman,  Mr.  Olney, 
reported  that  the  committee  having  had  under  consideration  the  arti- 
cle on  legislative  department,  having  made  progress  therein,  and  ask 
leave  to  sit  again. 

On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

The  President  called  Mr.  Grover  to  the  chair. 

On  motion  of  Mr.  Smith,  ordered  a  call  of  the  convention.  The 
roll  being  called  through,  the  following  members  failed  to  answer  to 
their  names :  Messrs.  Applegate,  Bristow,  Cox  of  Marion,  Coyle,  Cox 
of  Lane,  Dryer,  Duncan,  Lovejoy,  Logan.  Miller,  Matzger,  McCor- 
mick, Newcou)b,  Peebles,  Packwood,  Reed,  Robbins,  Short,  Shrum, 
Shattuck,  Scott,  White,  Watts  and  Watkins. 

A  quorum  appearing  present,  the  further  call  of  the  convention 
was  dispensed  with. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  on  article  on  legislative  department,  with 
Mr.  Olney,  in  the  chair.  After  some  time  spent  therein,  the  committee 
rose  and  the  President  resumed  the  chair,  and  the  chairman  Mr.  Olney, 
reported  that  the  committee  having  liad  under  consideration  the  article 
on  legislative  department  having  made  progress  therein,  and  ask 
leave  to  sit  again. 

On  motion  of  Mr.  McBride,  the  convention  adjourned  until  Monday, 
9  o'clock  A.  M. 


CONSTITUTIONAL    CONTENTION.  51 


MONDAY,  SEPTEMBER  7,  1857. 

9  o'clock  a.  m. 

The  convention  met  pursuant  to  adionniment. 

The  roll  heutii;  called,  all  the  nieinbers  present  except  Messrs.  Ap|)le- 
gate,  Brattain  of  Linn,  Babcock,  Bnrch,  Cox  of  Marion,  Coyle,  Dun- 
can, Farrar,  Kelsey,  Kinney,  Kelly,  Lovejoy,  Marple,  Matzger,  Mc- 
Cormick,  Olney,  Peebles,  Pack  wood,  Peed,  Shruiu,  Shattuck,  White 
and  Watts. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  McBride  otfered  the  following  preamble  and  resolutions  : 

"Whereas,  This  being  the  centennial  anniversary  or  the  birth  day  of 
General  D'LaFayette  a  hero  and  patriot  whose  name,  and  fame  are 
worldwide,  and  whose  noble  sacrifices  in  the  cause  of  American  li- 
berty are  cherished  with  the  liveliest  gratitude  by  every  lover  of  our 
countr}' ;  and 

Whereas,  It  is  intended  to  celebrate  this  anniversary  throughout  the 
Empire  of  France,  as  a  token  of  respect  to  the  memory  of  the  hero  and 
of  s^'mpathy  with  the  cause  of  republican  liberty  with  which  his  fame 
is  forever  identified;  and 

Whereas,  The  States  of  the  Union  will  join  in  grateful  regard  to 
the  memory  ot  the  friend  of  Washington  in  celebrating  the  day  in 
honor  ot  the  event;  and 

Whereas,  The  people  of  Oregon,  represented  by  this  convention 
are  desirous  of  co-operating  in  this  universal  and  national  celebration  ; 
therefore  be  it 

Resolved^  That  at  twelve  o'clock,  a.  m.  this  convention  will  adjourn 
till  to-morrow,  in  honor  of  the  event;  and 

Resolved  fuj'ther,  That  this  preamble  and  resolutions  be  entered  on 
the  journals  of  this  convention. 

Which  preamble  and  resolutions  were  decided  in  the  negative. 

Mr.  Meigs  from  Committee  on  Corporations  and  Internal  Improve- 
ments, on  leave  reported  the  article  on  corporations  and  internal  im- 
provements as  truly  engrossed. 

On  motion  of  Mr.  Elkins,  the  article  on  corporations  and  internal 
improvements  was  laid  on  the  table. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  on  article  on  legislative  department,  with 
Mr.  Olney  in  the  chair,  after  sometime  spent  therein,  the  committee 
rose  and  the  President  resumed  the  chair,  and  the  chairman,  Mr. 
Olney,  reported  that  the  committee,  having  had  under  consideration 
the  article  legislative  department,  having  njado  progress  therein  and 
ask  leave  to  sit  again. 

On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


52  CONSTITUTIONAL    CONVENTION. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  the 
committee  of  the  wliole  on  articles  on  legislative  department,  with 
Mr,  Olne}',  in  the  chair  ;  after  sometime  spent  therein,  the  convention 
rose  and  the  President  resumed  the  chair,  and  the  chairman,  Mr. 
Olney,  reported  that  the  committee  having^  had  under  consideration 
the  article  on  legislative  department  having  made  progress  therein, 
and  ask  leave  to  sit  again. 

Mr.  Olney  gave  notice  that  he  would  on  to-morrow  offer  an  amend- 
ment to  Rule  17,  to  change  the  time  of  limiting  speakers  from  twenty 
minutes  to  ten  minutes. 

On  motion  the  convention  adjourned. 


TUESDAY,  SEPTEMBER  8,  1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Apple- 
gate,  Cox  of  Marion,  Coyle,  Cox  of  Lane,  Campbell  of  Lane,  Campbell 
of  Clackamas,  Fitzhugh,  Hoult,  Kelsej',  Kinney,  Kellj^,  Lewis,  Logan, 
Moores,  Matzger,  McCormick,  Packwood,  Reed,  Short,  Shannon,  Shat- 
tuck,  Williams,  White  and  Watkins. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Logan,  presented  a  petition  of  Martin  Hall  and  others,  relative 
to  a  prohibitory  liquor  Ipw. 

On  motion  of  Mr.  Logan,  the  petition  was  referred  to  Committee  on 
Judicial  Department. 

Mr.  Olne}",  pursuant  to  previous  notice,  offered  the  following  reso- 
lution : 

Resolved^  That  Rule  17  be  so  amended  as  to  limit  the  time  of  speak- 
ing to  live  minutes  instead  of  twenty  minutes  as  provided  in  said  rule. 

Mr.  Olney,  moved  to  lay  said  resolution  on  the  table,  which  was  de- 
cided in  the  negative. 

The  question  recurring  upon  the  adoption  of  said  resolution  : 

The  yeas  and  nays  being  demanded  resulted  as  follows : 

Yeas — Messrs.  Brattain  of  Linn,Bristow,  Brattain  of  Lane,  Babcock, 
Boise,  Burch,  Oooks,  Chadwick,  Dryer,  Duncan,  Elkins,  Fitzhugh, 
Grover,  Hoult,  Lovejoy,  Miller,  Meigs,  Nichols,  Newcomb,    Olney, 


CONSTITUTIONAL    CONVENTION.  53 


Peebles,  Prim,  Robbins.  Shannon,  Smith,  Shields,  Scott,  Starkweather, 
Whitted  and  Mr.  President— 30. 

Naj'S — Messrs.  Anderson,  Farrar,  Hendershott,  Lof]:;an,  Marple,  Mc 
Bride,  Olds,  Packwood,  Wajnnire,  Watts  and  Watkins — 11. 

So  the  resolution  was  adopted. 

Mr,  Bristow,  offered  the  tbllowinoj  resolution  : 

Resolved^  That  no  new  county  shall  be  created  by  the  Lec^islative 
Assembly  of  this  State,  and  organized  by  the  people  ot  said  count}',  un- 
less the  same  shall  contain  an  area  of  five  hundred  square  miles. 
"  On  motion  of  Mr.  Bristow,  the  resolution   was  laid  on  the  table. 

On  motion  of  Mr.  Olney,  the  convention  resolved  itself  into  a  com- 
mittee of  the  wliole,  on  article  on  legishirive  department,  with  Mr. 
Olney  in  the  chair;  after  some  time  spent  therein,  the  committee  rose, 
and  the  president  resumed  the  chair;  and  the  chairnjan,  Mr,  Olney,  re- 
ported that  tiie  committee  having  had  under  consideration  the  article 
on  legislative  department,  report  the  same  back  to  the  convention  with 
sundry  amendments. 

On  motion  of  Mr.  Peebles,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Lovejoy,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole  on  article  on  bill  of  rights,  with  Mr.  Lovejoy  in 
the  chair  ;  after  sometime  spent  therein,  tlie  committee  rose  and  the 
president  resumed  the  chair,  and  the  chairman,  Mr.  Lovejoy,  reported 
that  the  committee  having  had  under  consideration  the  article  on  bill  of 
rights,  having  made  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Smith,  the  convention  adjourned. 


WEDNESDAY,  SEPTEMBER  9,  1857. 

S  o'clock  a.  m. 
The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  members  present  except  Messrs.  Apple- 
gate,  Anderson,  Brattain  of  Linn,  Bristow,  Cox  of  Marion,  Coyle, 
Campbell  of  Lane,  Kelsey,  Kinne}',  Kelly,  Logan,  Mar})le,  McCormick, 
Newcomb,  Packwood,  Reed,  Shannon,  Shattuck,  Scott,  Starkweather, 
Williams,  White,  Watkins  and  Whitted, 

The  journal  of  yesterday  was  read  and  approved. 
8 


54  CONSTITUTIONAL    CONVENTION. 

Mr.  Bnrcli  offered  the  toHowiriij  resolution,  which  was  adopted  : 

Hesolved,  Tiiat  a  ct^nmittee  of  seven  be  appointed  on  finance. 

The  amendments  as  reported  from  tlie  committee  of  the  whole  on 
yesterday  on  article  on  legislative  department,   were  taken  as  follows  : 

First  amendment — Section  2,  line  first,  strikeout  the  word  "fifteen" 
and  insert  the  word  "  sixteen  ;"  also  insert  the  word  *'  two  "  after  the 
word  "  tliirty.  " 

Second  amendment,  fourth  line,  same  section  after  the  word  "keeping'' 
insert  the  words  "  near  as  may  be." 

Third  amendment— In  line  second,  same  section,  strike  out  the  words 
"for  the  term  of  five  years  from  the  time  of  the  adoption  of  this  con- 
stitution, "and  insert  the  words,"  until  the  year  1860. 

Fourth  amendment — Section  4,  the  blatik  was  filled  in  third  line 
with  the  word  "  first." 

Fifth  amendment — Section  4,  third  line,  by  striking  out  the  word 
"  meeting"  and  insert  the  word  "  session." 

Sixth  amendment — Section  5,  by  striking  out  the  words  "its 
second  session  after  the  ado))tion  of  this  constitution,"  in  first  line,  and 
insert  the  words  "  in  the  year  one  thousand  eight  hundred  and  sixty- 
five." 

Seventh  amendment — Section  5,  second  line,  strike  out  the  word  "five" 
and  insert  the  word  "  ten." 

Eighth  amendment — Section  6,  first  and  second  line,  by  striking  out 
the  words  "  each  period  of  making  such."  and  insert  before  the  word 
"enumeration  "  the  word  "an"  and  after  enumeration  the  words  "  of 
the  inhabitants"  by  the  United  States  or  State. 

Ninth  amendment — Section  6, in  eighth  and  ninth  lines,  strike  uut  the 
words  "  now  established." 

Tenth  Amendment — Section  G,  eighth  line,  after  the  word  "entitled" 
insert  the  v.^ord  "  to." 

Eleventh  amendment — Section  9,  lines  four  and  five,  strike  out  the 
words  "  any  speech  or,"  and  insert  the  words  "  uttered  in." 

Twelfth  amendment — Section  10,  line  second,  strike  out  the  words 
"  first  Monday  of  November,"  and  insert  the  words  "second  Monday 
of  September." 

Thirteenth  amendment — Section  10,  line  second,  the  blank  was 
filled  with  the  word  "eight." 

Fourteenth  aniendment — Section  10,  by  striking  out  all  after  the 
word  "  law  "  in  third   line. ' 

Fifteenth  amendment — Section  10,  line  third,  strike  the  words  "  or 
place." 

Sixteenth  amendment — Section  10,  by  the  adding  the  following: 
"  but  the  governor  may  by  pruclamation  convene  the  legislative  assem- 
bly at  any  other  place  in  ease  the  seat  of  government  shall  become 
dangerous  from  disease  or  a  common  enemy." 


CONSTITUTIONAL    CONVENTION.  55 

Seventeenth  amendment — Section  11,  lines  one  and  two,  by  strikinor 
ont  the  words  in  parenthesis,  (to-wit :  "  the  president  of  the  senate  ex- 
cepted.") 

Eighteenth  amendment — Section  11,  line  second,  insert  the  word 
"of''   after  "judge." 

Nineteenth  amendment — Section  11,  line  tliird,  strike  out  the  word 
"  set  "  and  insert  the  word  "  sit.  " 

Twentieth  amendment — Section  13,  line  tirst,  strike  out  the  words 
"  and  publish  the  same." 

Twenty-first  amendment — Section  23,  by  striking  om  the  thirteenth 
and  fourteenth  clause. 

Twenty-second  amendment — Section  23,  by  striking  out  fourth 
clause, 

Twent^^-third  amendment — Section  24,  by  striking  out  the  entire 
section. 

Twent3'-fonrth  amendment— Section  25,  line  second,  by  inserting  after 
the  word  "  after  "  the  words  "  or  existing  at." 

Twenty-fifth  amendment — Section  29,  lines  one  and  two,  strike  out 
from  the  word  "  until  "  to  the  word  "  except,"  and  insert  the  words 
ninety  days  after  end  of  the  session,  at  which  it  shall  have  been  passed." 

Twenty-sixth  amendment — Section  30,  line  five,  strike  out  the  word 
"thirty"  and  insert  the  word  "  twenty." 

Twenty-seventh  amendment — Section  30,  line  third,  strike  out  the 
word  "  eighty"  and  insert  the  word  "  twenty." 

Twenty-eighth  amendment — Section  30,  lines  six  and  seven,  strike  out 
the  word  "  speaker  "  and  insert  the  words  "  presiding  ofticers  of  the 
legislative  assembly  shall  in  virtue  of  their  offices  receive  an  additional 
compensation  equal  to  two-thirds  of  their  per  diem  allowance  as  mem- 
bers." 

Twenty-ninth  amendment — Section  32,  line  thirteentii,  strike  out  the 
word  "fourth"  and  insert  the  word  "eighth." 

Thirtieth  amendment — By  striking  out  tiie  word  "  generar'  where- 
ever  it  occurs  before  "  assembly,"  and  insert  tlie  word  "  legislative  " 
in  lieu  thereof. 

Thirty-first  amendment — Additional  sections  added  to  the  article  as 
follows:  Section  34.  Acts  making  appropriations  for  the  pay  of  the 
members  and  officers  of  the  Legislative  Assembly  and  for  the  salaries 
of  the  oflicers  of  the  government  shall  not  contain  a  provision  upon  any 
other  snliject. 

Thirty-second  amendment — Section  35,  No  money  shall  be  drawn 
from  the  treasury  but  in  pursuance  of  appropriations  made  by  law,  and 
an  accurate  statement  of  the  receipts  and  expenditures  of  "the  public 
money  shall  be  attached  to  and  published  with  the  laws  at  the  end  of 
each  session  of  the  Legislative  Assembly. 

Thirty-third  amendment — Section  36.     The   Legislative  Assembly 


56  CONSTITUTIONAL    CONVENTION. 

shall  i^rovide  by  law  tor  the  election  by  the  electors  of  the  State,  of  a  jnib- 
lie  printer,  to  hold  liia  office  for  the  term  of  four  years,  who  shall  pertbrra 
all  the  public  priutino-for  the  State  which  may  be  provided  for  by  law, 
and  who  shall  give  such  security  as  the  Legislative  Assembly  shall 
prescribe.  The  rates  to  be  paid  for  such  printing  shall  be  fixed  by  law, 
and  shall  not  be  increased  or  diminished  during  the  term  of  office  for 
which  such  ])ublic  printer  shall  have  been  elected.  All  stationery  re- 
quired by  the  State  shall  be  furnished  by  the  lowest  responsible  bidder 
under  such  regulations  as  may  be  |)rovided  by  law;  but  no  member  of 
the  Assembly-  or  State  officer  shall  be  interested  in  any  such  bid  or 
contract. 

The  first,  second  and  third  amendments  were  pfissed  over. 

The  fourth,  fifth,  sixth,  seventh,  eighth,  ninth,  tenth,  eleventh, 
twelfth,  thirteenth,  fourteenth,  fifteenth,  sixteenth,  seventeenth,  eigh- 
teenth, nineteenth,  twentieth  and  twenty-first  amendments  were  sever- 
ally ado])ted. 

The  twenty-second  amendment  was  disagreed  to. 

The  twenty-third  amendment  was  disagreed  to. 

The  twenty-fourth,  twenty-fifth,  twenty-sixth,  twenty-seventh,  twenty- 
eighth,  twenty-ninth,  thirtieth  and  thirty-first  amendments  were  sever- 
ally adopted. 

Thirty-second  amendment,  by  adding  an  additional  section  No.  35, 
was  committed  to  Committee  on  Finance. 

The  thirty-thinl  amendment,  by  adding  an  additional  section  No.  36, 
was  committed  to  Committee  on  Executive  De])artment. 

On  motion  of  Mr.  Smith,  the  article  on  legislative  department  was 
laid  on  the  table. 

On  motion  of  Mr.  Dryer,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole,  on  the  minority  report  of  article  on  education  and 
school  lands,  with  Mr.  Dryer  in  tlie  chair ;  after  some  time  spent  therein, 
the  connnittee  rose  and  the  President  resumed  the  chair,  and  the  chair- 
man, Mr.  Dryer,  reported  that  the  committee  having  had  under  con- 
sideration the  minority  article  on  education  and  school  lands,  report  the 
same  back  to  the  convention,  and  recommend  that  it  do  not  pass. 

Mr.  Olney  moved  to  suspend  the  rules  and  take  np  the  article  on 
education  and  school  lands;  wliich  motion  was  witlidrawn  by  the 
mover. 

On  motion  of  Mr.  Peebles,  the  convention  resolved  itself  into  the 
committee  of  the  whole  on  article  on  bill  of  rights,  with  Mr.  Lovejoy 
in  the  cliair;  after  some  time  spent  therein,  the  committee  rose  and  the 
President  resumed  the  chair,  and  the  chairman,  Mr.  Lovejoy,  reported 
that  the  committee  having  had  under  consideration  the  article  on  bill 
of  rights,  having  made  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Burch,  the  convention  took  a  recess. 


CONSTITUTIONAL    CON\^£NTION.  57 


AFTERNOON  SESSION. 


2  o'clock  p.  m. 


Mr.  Olney  offered  the  following  resolution  : 

Resolved^  That  a  committee  of  live  be  appointed  to  report  any  mis- 
cellaneons  provisions  necessary  and  proper  to  be  inserted  in  the  consti- 
tution not  belonging  to  the  subjects  already  referred  to  committees ; 
which  was  adopted. 

Mr.  Bristow  moved  that  two  more  be  added  to  said  committee; 
w'hich  was  agreed  to. 

On  motion  of  Mr.  Lovejoy,  the  convention  resolved  itself  into  the 
committee  of  the  whole  on  article  on  bill  of  rights,  with  Mr.  Lovejoy 
in  the  chair ;  after  some  time  spent  therein,  the  committee  rose  and  the 
President  resumed  the  chair,  and  the  chairman,  Mr.  Lovejoy,  reported 
that  the  committee  having  had  under  consideration  the  article  on  bill 
of  rights,  having  made  progress  therein,  and  ask  leave  to  sit  again. 

On  motion  of  Mr.  Watts,  the  convention  adjourned. 


THURSDAY,  SEPTEMBER  10,  1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Apple- 
gate,  Anderson,  Bristow,  Cox  ot  Marion,  Coyle,  Campbell  of  Lane, 
Duncan,  Farrar,  KelsCy,  Lewis,  Marple,  Miller,  Olney,  Peebles,  Pack- 
wood,  Shrum,  Shattuck,  Starkweather,  Williams  and  Watkins. 

The  journal  ofyesterdaj'  was  read  and  approved. 

The  President  aimounced  the  appointment  of  committees  as  folloAvs: 

Committee  on  Finance — Messrs.  Burch,  W bitted,  Kelly,  Elkins, 
Bristow,  Newcomb  and  Grover. 

Comm.ittee  on  Miscellaneous  Provisions — Messrs.  Boise,  McBride, 
Crooks,  Reed,  Dryer.  AVatts,  Olds,  Hendershott  and  Miller. 

Mr.  Bristow  offered  tlie  following  resolution  : 

Resolved^  That  the  committee  of  the  whole  be  discharged  from  the 
further  consideration  oi  any  business  pending  in  this  body ;  which  was 
decided  in  the  negative. 

On  motion  of  Mr.  Dryer,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole  on  article  on  bill  of  I'ights,  with  Mr.  Lovejoy  in 
the  chair;  after  some  time  spent  therein,  the  committee  rose,  and  the 
President  resumed  the  chair,  and  the  chairman,  Mr,  Lovejoy,  reported 
that  the  committee  having  had  under  consideration  the  article  on  bill 


58  CONSTITUTIONAL    CONVENTION. 

of  rights,  report  the  same  back  to  the  convention  with  sundry  amend- 
ments. 

On  motion  of  Mr.  Williams,  the  convention  resolved  itself  into  the 
committee  of  the  whole  on  article  on  snifrao;es  and  elections,  with  Mr. 
Williams  in  the  chair ;  after  some  time  spent  therein,  the  cummittee 
rose,  and  the  Proident  resumed  the  cliair,  and  the  chairman,  Mr.  Wil- 
liams, reported  that  the  committee  having  had  under  consideration  the 
article  on  siitirages  and  elections,  having  made  progress  therein,  and 
ask  leave  to  sit  again. 

On  inotiou  of  Mr.  Watts,  the  convention  took  a  recess. 


AFTERNOON   SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Williams,  the  convention  resolved  itself  into  the 
committee  of  the  whole  on  article  on  suffrages  and  elections,  with  Mr. 
Williams  in  the  chair ;  after  some  time  spent  therein,  the  committee 
rose  and  the  President  resumed  the  chair,  and  the  chairman,  Mr.  Wil- 
liams, reported  that  the  committee  having  had  under  consideration  the 
article  on  suffrages  and  elections,  having  made  pi'ogress  therein,  and  ask 
leave  to  sit  again. 

On  motion  of  Mr,  Parch,  the  convention  adjourned. 


FRIDAY,  SEPTEMBER  11,  1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Apple- 
gate,  Anderson,  Poise,  Coxof  Marion,  Coyle,  Camy^bell  of  Lane,  Camp- 
bell of  Clackamas,  Chadwick,  Lewis,  Moores,  Olney,  Peebles,  Pack- 
wood,  Shrum,  Shattuck  and  Starkweather. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Grover  from  select  committee  on  schedule  reported. 

The  article  on  schedule  was  read  a  first  time  and  passed  to  a  second 
reading. 

On  motion  of  Mr.  Grover,  the  article  on  schedule  was  ordered  printed. 

Amendments  from  the  committee  of  the  whole  on  article  on  bill  of 
rights  were  taken  up  as  follows  : 

First  amendment — Section  6,  by  striking  out  all  after  the  word  "for," 


CONSTITUTIONAL    CONVENTION.  59 


in  first  line,  and  insert  tlie  words  "the  benefit  of  any  religions  or  the- 
ological institutions." 

Second  amendment — Section  10,  by  striking  oat  the  entire  section. 

Third  amendment — Section  12,  by  striking  out  the  word  "tribunal," 
in  first  line,  and  insert  the  word  "court"  in  lieu  thereof. 

Fourth  amendment — Section  15,  by  striking  out  the  entire  section. 

Fifth  amendment — Section  19,  by  adding  at  the  close  of  the  section 
the  words  "under  the  direction  of  the  court  as  to  the  law,  and  the  right 
of  new  trial  as  in  civil  cases." 

Sixth  amendment — Section  22,  first  line,  after  the  word  "fraud,"  in- 
sert the  words  "or  absconding  debtors." 

Seventh  amendment — Section  2i,  by  striking  out  all  after  the  word 
"passed"  in  first  line. 

Eighth  amendment — Section  27,  by  striking  out  the  word  "or"  in  the 
second  line,  before  the  word  "given,"  and  insert  the  word  "or"  before 
the  word  "adhei-ing,"  in  first  line. 

Ninth  amendment — Section  SI,  first  line,  by  inserting  the  word 
"white"  before  the  word  "foreigners." 

Tenth  amendment — Section  3-i,  by  adding  to  the  end  of  the  section 
the  words  "and  the  Legislative  Assembly  shall  have  power  to  restrain 
and  regulate  the  immigration  to  this  State  of  persons  not  qualified  to 
become  citizens  of  the  United  States." 

The  first  amendment  was  taken  up,  and  the  yeas  and  nays  being  de- 
manded, resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Lane,  Boise,  Burch,  Cox  of 
Lane,  Campbell  of  Clackamas,  Dryer.  Duncan,  Elkins,  Farrar,  Hender- 
shott,  Kelsey,  Kinney,  Kelly,  Lovejoy,  Logan,  Marple,  Matzger,  Meigs, 
McBride,  Nichols,  Olds,  Prim,  Short,  Smith,  Scott,  Williams,  White, 
Watts,  Watkinsand  Whitted— 31. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Babcock,  Crooks,  Chad- 
wick,  Fitzhugh,  Grover,  Hoult,  Miller,  Newcomb,  Reed,  Shannon, 
Shields,  Waymire  and  Mr.  President — 15. 

So  the  amendment  was  agreed  to. 

The  second  and  third  amendments  were  severally  agreed  to. 

The  fourth  amendment  was  disagreed  to. 

The  fifth  amendment  was  taken  up,  and  the  yeas  and  naj's  being  de- 
manded, resulted  as  follows : 

Teas — Messrs.  Anderson,  Bristow,  Burch,  Cox  of  Lane,  Campbell  of 
Clackamas,  Chadwick,  Dryer,  Duncan,  Elkins,  Fitzhugh,  Farrar, 
Grover,  Hoult,  Hendershott,  Kelsey,  Kelly,  Lovejoy,  Logan,  Marple, 
Matzger,  Meigs,  McBride,  McCormick,  Nichols,  Newcomb,  Olds, 
Prim,  Reed,  Short,  Smith,  Shields,  Scott,  Starkweather,  Williams, 
White,  Watts,  Watkins,  Whitted  and  Mr.  President— 39. 

Nays — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Babcock,  Boise, 
Crooks,  Kinney,  Miller,  Shannon  and  Waymire — 9. 


60  CONSTITUTIONAL    CONVENTION. 

So  the  amcMidment  was  agreed  to. 

The  sixth  amendmei)t  was  agreed  to. 

The  seventh  ainendinent  was  taken  up  and  the  3'eas  and  nays  being 
demanded  resulted  as  follows: 

Yeas — Messrs.  Bristow,  Brattain  of  Lane,  Dryer,  Farrar,  Honlt, 
liciidershott,  Kel>e_y,  Kelly,  Logan,  Matzger,  McBride,  Nichols,  Olds, 
Short,  Stark w(>:ithor,  Williams,' White,  Watts  and  Watkins— 19. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Babcock,  Boise,  Burch, 
Crooks,  Cox  of  Lane,  Campbell  of  Clackamas,  Chadwick,  Duncan, 
Elkins,  Fitzhngh,  drover,  Kinney,  Lovejoy,  Marple,  Miller,  Meigs,  Mc 
Cormick,  Newcomb.  Prim,  Reed,  Shannon,  Smith,  Shields,  Scott, 
Waymire,  Wliitted  and  Mr.  President — 29. 

So  the  amendment  was  disagreed  to. 

The  eighth,  ninth  and  teiith  amendments  were  severally   agreed   to. 

Mr.  Williams  moved  to  amend  Section  sixth  as  follows: 

Nor  sliall  any  money  be  appropriated  for  the  payment  of  any  reli- 
gions services,  in  either  house  of  the  legislative  assembly. 

The  yeas  and  nays  being  demanded  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Boise,  Crooks,  Chadwick,  Duncan,  Elkins,  Fitzhngh, 
Grover,  Hoult,  Ilendershott,  Lovejoy,  Miller,  McCormick,  Reed,  Shan- 
non, Smith,  Shields,  Scott,  Waymire,  Williams,  Whitted  and  Mr. 
President— 2H. 

Nays — Messrs.  Campbell  of  Clackamas,  Dryer,  Farrar,  Kelsey,  Kin- 
ney, Kelly,  Lewis,  Logan,  Marple,  Matzger,  Meigs,  McBride,  Nichols, 
Newcomb,  Olds,  Prim,  Short,  Starkweather,  White,  Watts,  and  Wat- 
kins— 2L  ' 

So  the  amendment  was  adopted. 

Mr.  Olds,  moved  to  amend  by  adding  Section  tenth  in  lieu  of  one 
stricken  out  from  bill  of  rights,  as  follows  : 

"No  state  officer,  or  member  of  the  legislative  assembly  of  this  State, 
shall  receive  a  fee,  or  bo  engaged  as  council,  agent  or  attorney,  in  any 
case  or  claim  against  this  State." 

Which  amendment  was  agreed  to. 

Mr.  Cox  of  Lane,  moved  to  reconsider  the  vote  by  which  the  amend- 
ment of  the  coujmittee  of  the  whole  to  Section  2i  was  lost. 

Mr.  Burch  moved  the  previous  question  ;  the  question  l)eing.  Shall 
the  main  question  be  now  put?  which  was  decided  in  the  affirmative. 

The  question  being  taken  upon  a  reconsideration  of  the  vote,  the  yeas 
and  nays  being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Bristow,  Brattain  of  Lane,  Cox  of  Lane.  Dryer,  Farrar, 
Hendershott,  Kelsey,  Kinney,  Kelly,  Lewis,  Logan,  Alarple,  Moores, 
Matzger,  McBride,  Niciiols,  Olds,  Short,  Scott,  Starkweather,  Wil- 
liams, White,Watts  and  Watkins — 2i. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,   Babcock,  Boise,  Burch, 


CONSTITUTIONAL    CONVENTION.  Gl 


Crooks,  Campbell  of  Claekainas,  Chadwick,  Elkins.  Fitzhngh, 
Grover,  Ilonlt,  Lovejoy,  Miller,  Meio;?,  McCormick,  Newcf)mb,  Peeb- 
les, Reed,  Shannon,  Smith.  Shields,  Waymire,  Whitted  and  Mr.  Presi- 
dent—  25. 

So  the  motion  to  reconsider  was  not  agreed  to. 

Mr.  Grover  moved  to  amend  Section  twenty-four,  third  line,  by  adding 
after  the  word  "  constitntion  "  the  followinj^:  "provided  that  laws,  lo- 
catino;  the  caj->ital  of  the  State,  locality,  county  seats  and  submitting 
town  and  city  corporate  acts  and  other  local  and  special  laws,  may 
take  effect  or  not,  upon  a  vote  of  the  electors  interested. 

Mr.  Logan  moved  to  amend  the  amendment,  by  inserting  after  the 
word  "  acts  "  the  words  "  prohibitory  "  liquor  law. 

Mr.  Bristow   moved  the  previous  question. 

The  (juestion  being,  Shall  the  main  question  be  now  jmt?  which  was 
decided  in  the  atiii'malive. 

The  question  being  taken  upon  the  amendment  to  the  amendment, 
the  yeas  and  nays  being  demanded,  resulted  as  f<^llo\vs: 

Yeas — Messrs.  Anderson,  Brattain  of  Lane,  Dryer,  Farrar,  Kelsey, 
Kinnev,  Kelly,  Lewis,  Logan,  Moores,  Matzger.  Meigs,  McBride,  Olds, 
Short,  Scott,  Starkweather,  White,  Watts  and  Mr.  President — 20. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Babcock,  Boise,  Burch, 
Crooks.  Cox  of  Lane,  Campbell  of  Clackamas,  Chadwick,  Duncan, 
Elkins,  Fitzhugh,  Grover,  Iloult,  Hendershott,  Lovejoy,  Marjde,  Miller, 
McCormick,  Newcomb,  Peebles,  Prim,  Reed,  Shannon,  Smith,  Shields, 
Waymire,  Williams,  Whitted  and  Mr.  President — 80. 

So  the  amendment  to  the   amendment   was  decided  in  the  negative. 

Mr.  Farrar  moved  to  lay  the  amendment  of  Mr.  Grover  on  the 
table;  which  was  decided  in  the  negative. 

•     The  question  recurring  upon  the  adoption  of  the  amendment  offered 
by  Mr.  Grover,  the  yeas  and  nays  being  demanded  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Boise.  Burch,  Crooks,  Cux  of  Lane,  Campbell  of  Clackamas, 
Chadwick,  Duncan,  Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult,  Hender- 
shott, Kelsey,  Kinney,  Kelly.  Lewis,  Lovejoy,  Logan.  Marple.  Miller, 
Moores,  Matzger.  Meigs,  McBride,  McCormick,  Nichols,  Newcomb, 
Peebles.  Prim,  Shannon.  Smith,  Shields,  Scott,  Starkweather,  Way- 
mire, Williams,  Watts,  Watkins,  Whitted,  and  Mr.  Presiilent — 45. 

Nays — Messrs.  Babcock,  Dryer,  Olds,  Reed,  Short,  and  White — 6. 

So  the  amendment  was  decided  in  the  atiirmative. 

Mr.  McBride  moved  to  amend  by  adding  a  section  marked  Section 
10.  "  There  shall  be  neither  slavery  nor  involuntary  servitude  within 
the  State,  otherwise  than  for  the  punishment  ot  crimes,  whereof  the 
party  shall  have  been  duly  convicted. 

Mr.  Farrar  moved  the  previous  question. 
9 


62  CONSTITUTIONAL    CONVENTION. 

The  question  being,  Shall  the  main  question  be  now  ])nt  ?  which  was 
decided  in  tlie  afHrniative. 

The  ([uostion  being  upon  the  adoption  of  the  amendments  the  _yeas 
and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  A.iidei\son,  Drver,  Meigs,  McBride,  Olds,  Short,  Scott, 
White,  Watts  and  Watkins— 10. 

Nays — Messrs.  Brattain  ot  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock,  Buise,  Bnrch,  Crooks,  Cox  of  Lane,  Campbell  of  Clackamas, 
Chadwick,  Duncan,  Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult,  Hender- 
shott,  Kelsey,  Kinney,  Lewis,  Lovejoy,  Logan,  Marple,  Miller,  Moores, 
Matzger,  McCormick,  Nichols,  Newcomb,  Peebles,  Prim,  Reed,  Shan- 
non, Smith,  Shields,  Starkweather,  Waymire,  Williams,  Whitted  and 
Mr.  President— 40. 

So  the  amendment  was  de^-ided  in  the  negative. 

On  motion  of  Mr.  Lovejoy,  the  article  on  bill  of  riglits  was  ordered 
to  be  engrossed  and  read  a  third  time  on  Saturday  next. 

On  motion  of  Mr.  Lovejo}^  the  convention  resolved  itself  into  the 
committee  of  the  whole  on  article  on  suffrages  and  elections,  with 
Mr.  Williams  in  the  chair;  after  some  time  spent  therein,  the  committee 
rose  and  the  President  resumed  the  chair,  at^d  the  chairman,  Mr.  Wil- 
liams, rej)orted  that  the  committee  liaving  had  under  consideration  tlie 
article  on  suffrages  and  elections,  having  made  progress  therein,  and 
ask  leave  to  sit  again. 

On  motion  of  Mr.  Watts,  the  convention  took  a  recess. 


AFTEPwN'OONT   SESSION. 

2  o'clock  p.  m. 

On  motion  of  Mr.  Bristow,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Williams  in  the  chair;  after  some 
time  spent  therein,  the  committee  rose  and  the  President  resumed  the 
the  chair,  and  the  chairman,  Mr.  Williams,  reported  that  the  commit- 
tee having  had  under  consideration  the  articles  on  suffrages  and  elec- 
tions and  education  and  school  lands,  report  the  same  back  with  sundry 
amendments. 

On  motion  of  Mr.  Peebles,  the  convention  adjourned. 


CONSTITUTIONAL    CONVENTION.  63 


SATURDAY,  SEPTEMBER  12,  1857. 

8  o'clock  a.  m. 

Tiie  convention  met  pursuant  to  acljonrmiicnt. 

The  roll  beini;  called,  all  the  rneinbei's  i^resent  except  Mes^rt^.  A]:>])le- 
gate,  Babcock,  Biirch,  Cox  of  Marion.  Coyle,  Cox  of  Lane,  Campbell 
of  Lane,  Dryer,  Kelsey,  Kinney,  Matzjijer,  Meis>;s,  McBride,  OIney, 
Prim,  Robbing,  Smith,  Shruui,  Sluittuck,  Starkweather,  Watts  and 
"Watkins. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Bnrch  from  select  committee  on  finance  made  a  report. 

The  article  on  finance  was  read  a  first  time  and  passed  to  a  second 
read  i  no-. 

On  motion  of  Mr.  Grover,  the  article  on  finance  was  ordered  printed. 

Mr.  Loo;an  offered  the  followincr  resolution  : 

Mesolved,  That  the  location  of  the  seat  of  government  of  the  State 
of  Oregon  be  submitted  to  a  direct  vote  of  the  people  as  follows,  to-wit: 
At  the  time  the  constitution  is  submitted  to  the  }»eople  for  ratification 
a  vote  shall  also  be  taken  upon  the  fullowino;  places  for  seat  of  govern- 
ment, to-wit:  Salem,  Corvftllis  and  Eugene  City;  and  at  the  several 
elections  in  1858  the  two  of  said  places  receiving  the  largest  number 
of  votes  shall  again  be  submitted  to  a  vote  of  the  people,  and  the  place 
receiving  the  highest  number  of  votes  shall  be  the  seat  of  government 
of  the  State  of  Oregon. 

On  motion  of  Mr.  Logan,  the  resolution  was  laid  on  the  table. 

Amendments  reported  from  the  committee  of  the  whole,  on  article 
on  suffrages  and  elections,  were  taken  up  as  follows: 

First  amendment — Section  2,  line  six,  by  adding  after  the  words 
"United  States,"  the  words  "one  year  preceding  such  election." 

Second  amendment — Section  3,  line  two,  by  striking  out  all  after  the 
word  "conviction,"  and  insert  the  words  '"of  any  crime  which  is  pun- 
ishable by  imprisonment  in  the  penitentiary." 

Third  amendment — Section  6,  by  inserting  after  the  word  "negro" 
the  word  "Chinaman." 

Fourth  amendment — Section  10,  by  striking  out  all  after  the  word 
"lucrative,"  in  fifth  line. 

Fifth  amendment — Section  10,  line  second,  by  striking  out  the  word 
"general,"  and  insert  the  word  "legislative." 

Sixth  amendment — Section  10,  line  four,  by  striking  out  the  word 
"deputy." 

Se\jenth  amendment — Section  14,  line  second,  by  striking  out  the 
words  "first  Monday  in  September,"  and  insert  the  words  ''third  Tues- 
day in  June." 

Eighth  amendment — Section  14,  line  two,  by  striking  out  the  word 
"annually,"  and  insert  the  word  "biennially." 


64  CONSTITUTIONAL    CONVENTION, 


Ninth  amendment — Section  14,  lino  first,  bv  8trikin<;  out  the  word 
"of,"  and  insert  the  word  "for.' 

Tenth  amendment — Section  15,  line  first,  by  striking  out  the  word 
"general,"  and  insert  the  word  "legislative." 

Eleventh  amendment — Section  17,  line  first,  by  striking  oiit  the 
word  "may,"  and  insert  the  word  "shall." 

Twelfth  amendment — Section  17,  line  first,  by  striking  out  the  word 
"any,"  and  insert  the  word  "the." 

Tlie  foregiting  amendments  from  Nos.  1  to  12,  inclusive,  were  sever- 
ally ado])ted. 

Mr.  Marple  moved  to  amend  Section  5,  line  third,  by  striking  out 
all  after  tlie  word  ''same;"  which  was  disagreed  to. 

Mr.  Williams  moved  to  amend  Section  14,  by  striking  out  all  after 
the  words  "Section  14,"  and  insert  "General  elections  shall  be  held  on 
the  third  Tuesday  of  June,  biennally." 

Mr.  Waymire  moved  to  amend  the  amendment,  by  striking  out  the 
words  "third  Tuesday  of  June,"  and  insert  the  words  "first  Monday  of 
June." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Jjurch,  Campbell  of  Clack- 
amas, Farrar,  Hoult,  Kelsey,  Kinney,  Kelly,  Lewis,  Lovejoy,  Logan, 
Moores,  Matzger,  McCormick,  Nichols,  Olds^  Packwood,  Short,  Shields, 
Scott,  Starkweather,   Waymire  and  White — 24. 

Nays — Messrs.  Anderson, Brattain  of  Lane,  Boise,  Crooks,  Chad  wick, 
Duncan,  Elkins,  Fitzhugh,  Grover,  Hendershott,  Marple,  Miller,  Meigs, 
Newcomb,  Peebles,  Reed,  Robbins,  Shannon,  Williams,  Whitted  and 
Mr.  President— 21. 

So  the  amendment  to  the  amendment  was  adopted. 

The  question  being  on  agreeing  to  the  amendment  as  amended,  and 
it  was  agreed  to. 

Mr.  Williams  moved  to  strike  out  Section  17;  which  was  agreed  to. 

Mr.  Farrar  moved  to  amend  Section  15,  by  striking  out  all  after  the 
word  "given,"  in  second  line,  to  the  word  "until,"  in  fourth  line,  and 
insert  the  words  "by  ballot." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Farrar,  Hendershott,  Kinney,  Logan, 
Moores,  Nichols,  Olds,  Packwood,  Short,  Scott  and  White — 12. 

Nays— Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Boise, 
Burch,  Crooks,  Campbell  of  Clackamas,  Chadwick,  Duncan,  Elkins, 
Fitzhugh,  Grover,  Hoult,  Kelsey,  Kelly,  Lovejoy,  Marple,  Miller,  Matz- 
ger, Meigs,  McCormick,  Newcoinl),  Peebles,  Reed,  Robbins,  Shannon, 
Shields,  Starkweather,  Waymire,  Williams,  Whitted  and  Mr,  President 

So  the  amendment  was  disagreed  to. 

Mr.  Farrar  moved  to  amend  Section  15,  by  striking  out  all  after  the 


CONSTITUTIONAL   CONVENTION.  65 

word  "given,"  in  second  line,  to  the  word  "but,"  in  fourth  line,  and  in- 
sert "as  the  leoislative  assenjhly  siiall  direct." 

Mr.  Farrar  moved  tlie  previous  question. 

The  question  beinf;;,  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows: 

Teas— Messrs.  Anderson,  Erattain  of  Lane,  Farrar,  Ilendershott, 
Kinney,  Kelly,  Lewis,  Logan,  Moores,  Matzger.  Nichols,  Olds,  Pack- 
wood,  Short,  Scott,  Starkweather  and  White — 17. 

Nays — Messrs.  Brattain  of  Linn.  Bristow,  Boise.  Burch,  Crooks, 
Campbell  of  Clackamas,  Chadwick,  Duncan,  Elkins,  Fitzhugh,  Grover, 
Hoult,  Kelsey,  Lovejoy,  Marple,  Miller,  Meigs,  McCormick,  Newcomb, 
Peebles,  Reed,  Bobbins,  Shannon,  Smith,  Shields,  Waymire,  Williams, 
Whitted  and  Mr.  President— 29. 

So  the  amendment  was  disagreed  to. 

Mr.  Farrar  moved  to  amend  Section  15,  by  striking  out  the  word 
"sixty,"  in  line  third,  and  insert  the  word  "seventy." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas— Messrs.   Anderson,  Williams  and  Mr.  President — 3. 

Nays — Messrs.  Brattain  ot  Linn,  Bristow,  Brattain  of  Lane,  Boise, 
Burch,  Crooks,  Campbell  of  Clackamas,  Chadwick,  Duncan,  Elkins, 
Fitzhugh,  Farrai-,  Grover,  Hoult,  Flendersln^tt,  Kelsey,  Kinney,  Kelly, 
Lovejoy,  Logan.  Marple,  Miller,  Moores,  Matzger,  Meigs,  McCormick, 
Nichols,  Newcomb,  Olds,  Peebles,  Packwood,  Reed.  Robbins,  Short, 
Shannon,  Smith,  Shields,  Scott,  Starkweather,  Waymn-e,  White  and 
Whitted— 42. 

So  the  amendment  was  disagreed  to. 

Mr,  Kelly  moved  to  amend  Section  15,  by  striking  out  all  after  the 
words  '■'viva  voce^''  in  the  third  line,  to  the  word  "until,"  in  the  fourth 
line. 

Mr.  Bristow  mov'ed  the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put  ^  which  was 
decided  in  the  negative. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Anderson,  Bristow,  Brattain  of  Lane,  Boise,  Campbell 
of  Clackamas,  Farrar,  Hendershott,  Kinne}-,  Kelly,  Lewis,Logan,  Mar- 
ple. Moores,  Matzger,  Nichols,  Olds,  Packwood,  Reed,  Robbins,  Short, 
Scott,  Starkweather  and  White — 23. 

Nays — Mes-^rs.  Brattain  of  Linn,  Burch,  Crooks,  Chadwick,  Duncan, 
Elkins,  Fitzhugh,  Grover,  Hoult,  Lovejoy,  Miller,  Meigs,  McCormick, 
Newcomb,  Peebles,  Shannon.  Smith,  Shields,  Waymire,  Williams, 
Whitted  and  Mr.  President— 22. 

So  the  amendment  was  a^jreed  to. 


66  CONSTITUTIONAL    CONVENTION. 

Mr.  Smith  moved  to  lay  on  the  table  the  article  on  suffrages  and 
elections  ;  which  motion  was'  airreed  to. 

On  motion  of  Mr.  Lovejoy,  the  rules  were  suspended  and  Mr.  Smith 
offered  the  t'ollowinj^  resolutions: 

Resolved^  That  it  is  expedient  to  submit  the  mode  of  voting  to  the 
])eo))]e,  in  tiie  mode  in  whicli  the  slavery  and  other  questions  are  to  be 
submitted. 

Resolved^  Tiiat  it  is  expedient  to  submit  the  question  of  a  prohibit- 
or}'  liquor  law,  as  prayed  for  by  the  petitioners  upon  that  subject,  to 
the  peo{)le,  in  the  same  mode  in  which  the  slavery  and  other  que.-tions 
are  to  be  submitted. 

On  motion  of  Mr.  Smith,  the  resohitions  were  Uiid  on  the  talkie. 

Amendments  reported  from  committee  of  the  wiiole  on  the  article 
of  education  and  school  lar^ds  were  taken  up  as  follows: 

First  amendment — Section  1,  line  first,  by  striking  out  tlie  words 
"Secretary  of  State,"  and  insert  the  word  "Governor." 

Second  amendment — Section  2,  line  eleventh,  by  adding  after  the 
word  "separate"  the  words  "and  irreducible." 

Third  amendment — Section  2,  line  eleventh,  by  adding  after  the 
word  "fund"  the  words  "if  Congress  shall  consent  to  such  a|jpropriation 
of  the  two  grants  last  mentioned. 

Fourth  amendment — Section  3,  by  strikiiig  out  all  after  the  word 
"schools,"  in  line  two. 

Fifth  amendment — Section  5,  by  striking  out  the  entire  section. 

The  foregoing  amendments  from  Nos.  1  to  5,  inclusive,  were  sever- 
ally adopted. 

Mr.  Peebles  mcjved  to  amend  Section  6,  as  follows: 

Provided^  That  no  part  of  the  University,  or  of  the  interest  arising 
therefrom,  shall  be  expended  until  the  fund  shall  exceed  fifty  thousand 
dollars. 

Mr.  Lovejoy  moved  to  amend  the  amendment,  by  striking  out  the 
word  "fifty,"  and  insert  the  words  "one  hundred;"  which  was  with- 
drawn by  the  mover. 

Mr.  Lovejoy  m(>ved  to  amend  the" amendment,  by  adding  the  words 
"unless  the  sau'.e  shall  be  otlierwise  disposed  of  by  the  consent  of  Con- 
gress for  common  school  purposes;"  which  was  accepted. 

Mr.  Williams  moved  to  amend  the  amendment  of  Mr.  Peebles,  by 
striking  out  the  words  "the  funds  shall  exceed  fifty  thousand  dollars," 
and  insert  the  words  "the  period  of  ten  years  from  the  adoption  of  this 
constitution." 

Mr.  Farrar  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  affirmative. 

The  question  recurring  upon  the  adoptiori  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows: 


CONSTITUTIONAL    CONVENTION.  67 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Burch, 
Campbell  of  Clackamas,  Elkins,  Farrar,  Grover,  Honlt,  IJendersliott, 
Kelly,  Lewis,  Lovejoy,  Marple,  Moores,  Matz^er, Mei^s,  Nichols,  Olds, 
Robbins,  Short,  Scott,  Starkweather,  Wavmire,  Williams  and  Mr. 
President— 26. 

Nays — Messrs.  Anderson,  Boise,  Crooks,  Chadwick,  Fitzhiicrh,  Kel- 
sey,  Kinney,  McBride,  McCormick,  Newcomb,  Peebles.  Packwood, 
Shannon,  Shields,  White  and  Whitted — 16. 

So  the  amendment  to  the  amendment  was  agreed  to 

The  question  recurring  upon  the  adoption  of  tlie  amendment  as 
amended,  the  3'eas  and  na3's  beinoj  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Boise, 
Burch,  Crooks,  Campbell  ot  Clackamas,  Elkins,  Fitzhup^h,  Farrar, 
Grover,  Hoult,  Hendershott,  Kinney,  Kelly,  Lewis,  Lovejoy,  Marple, 
Moores,  Matzi^er,  Meigs,  McBride,  McCormick,  Nichols,  N^ewcomb, 
Olds,  Peebles,  Packwood,  Robbins,  Short,  Shannon,  Shields,  Scott, 
Starkweather,  Waymire,  Williams  and  Mr.  President — 37. 

Xays — Messrs.  Anderson,  Chadwick,  White  and  Whitted — L 

So  the  amendment  as  amended  was  agreed  to. 

On  motion  of  Mr.  Lovejoy,  the  article  on  education  and  school 
lands,  was  ordered  to  be  engrossed  and  read  a  third  time  on  Tuesday 
next. 

Mr.  Bristow  moved  to  take  from  tlie  table  the  resolution  in  regard 
to  size  of  counties,  and  refer  the  same  to  the  Committee  on  Miscella- 
neous Provisions,  which  was  agreed  to. 

Mr.  Boise  moved  to  take  trom  the  table  the  article  on  legislative 
department,  which  was  agreed  to. 

The  article  on  legislative  department  was  then  taken  up. 

Mr.  Farrar  moved  to  amend  section  twenty-tifth,  line  second,  b}'  insert- 
ing after  the  word  "  after,"  the  words  "or  existing  at  the  time  of" 
which  was  agreed  to. 

Mr.  Logan  moved  a  call  of  the  house;  the  roll  being  called  through, 
the  following  members  failed  to  answer  to  their  names: 

Messrs.  Applegate,  Babcock,  Burch,  Coyle,  Cox  of  Lane,  Camp- 
bell of  Lane,  Dryer,  Duncan,  Iloult,  Kinney,  Lovejo}'.  Miller,  New- 
comb,  Olney,  Prim,  Keed,  Sujith,  Shruin,  Shields,  Shattuck,  Wil- 
liams, Watts  and  Watkiiis. 

Mr.  Logan  moved  that  the  sergeant-at-arms  be  ordered  to  bring  in 
absent  members,  which  motion  was  agreed  to. 

Mr.  Whitted  moved  to  take  a  recess,  which  was  disagreed  to. 

Mr.  Lovejoy  moved  to  dispense  with  the  further  call  of  the  house, 
which  was  agreed  to. 

The  amendments  pending  from  committee  of  the  whole  on  article 
on  legislative  dej^artment.  Section  second,  were  taken  up  as  follows : 


68  CONSTITUTIONAL    CONVENTION. 


First  amendment— Section  2,  line  one,  strike  out  the  word  ''  fifteen  " 
and  insert  the  word  "sixteen,"  which  was  agreed  to. 

Second  amendment — Section  2,  by  iiisertini;  tlie  word  '"two" 
after  the  word  ''  thirt}'.  " 

Mr.  Orover  moved  to  ameml  the  amendment  by  strikino;  out  tiie 
word  "two"  and  insert  tlie  word  '"four,"  whicii  was  agreed  to. 

The  amendment  as  amended  was  adopted. 

Third  amendment — Section  2,  line  four,  after  tiie  word  "  keeping  " 
insert  tiie  words  ''  as  near  as  may  be,  "  wiiich  was  agreed  to. 

Fourth  amendment — Section  2,  line  two,  by  striking  ont  the  words 
•'  for  tiie  term  of  five  years  from  the  time  of  the  adoption  of  this  con- 
stitution," and  insert  the  words  "until  the  year  one  tliousand  eiglit 
hundred  and  sixty,  which  was  agreed  to. 

Mr.  Wilh'ams  moved  to  strike  out  Section  32. 

The  yeas  and  nays  beingdemanded,  resulted  as  follows  : 

Yeas — Messrs.  Anderson,  Biattain  of  Linn,  Bristow,  Brattain  of  Lane, 
Boise,  Crooks,  Campbell  of  Clackamas,  Farrar,  Grover,  Hoult,  Hender- 
shott.  Kinney,  Kelly,  Lewis,  Lovejoy,  Logan,  Marple,  Moores,  Matz- 
ger,  Meigs.  McBride,  Nichols,  Newcomb,  Peebles,  Pack  wood,  Short, 
Scott,  Starkwenther  and  White^ — 29. 

Nays — Messrs.  Burch,  Chadwick,  Elkins,  Fitzhugh,  McCormick, 
Olds,  Robbins,  Shaimon,  Waymire,  Williams,  Whitted  and  Mr. 
President— 12. 

So  the  motion  was  agreed  to. 

On  motion  of  Mr.  Boise,  the  article  on  legislative  department  was 
ordered  to  be  engrossed  and  read  a  third  time  on  Tuesday  next. 

Mr.  Williams  oftered  the  following  resolution  : 

^6'.§'9/t'(?f/,  That  one  hundred  copies  of  each  article  as  engrossed  be 
printed  for  the  use  of  the  convention,  which  was  adopted, 

Mr.  Meigs  moved  to  take  from  the  table  the  article  on  corporations 
and  internal  imprvements,  wiiich  was  agreed  to. 

1  he  article  on  corporations  and  internal  •inj])rovements  was  then 
taken  up. 

Mr.  Elkins  moved  to  recommit  the  article  to  the  Committee  on 
Corporations  and  Internal  Improvements,  with  instructions  to  strike 
section  three  and  correct  clerical  errors;  pending  which,  Mr.  Bristow 
moved  the  previous  question.  The  question  being.  Shall  the  main  ques- 
tion be  now  put  ?  which  was  decided  in  the  negative. 

A  division  of  the  question  on  the  motion  of  Mr.  Elkins  was  granted. 

The  question  being  upon  instructing  the  committee  to  strike  out  sec- 
tion three,  the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Bristow,  Elkins,  Grover,  Hoult,  Kelly,  Matzger, 
Meigs,  Peebles,  Robbins,  Shannon,  Shields,  Starkweather,  and  Wil- 
liams— 13. 

Nays — Messrs.  Anderson,  Brattain,  of  Linn,  Brattain  of  Lane,  Boise, 


CONSTITUTIONAL    CONVENTION.  69 

Burcli,  Crooks,  Campbell  of  Clackamas,  Chadwick,  Fitzhuorh,  Farrar, 
Hendershott,  Kelsey,  Kinney,  Lovejoy,  Logan,  Marple,  Moores,  Mc 
Bride,  McCormick,  Nichols,  Newcomb,  Olds,  Packwood,  Short,  Scott, 
Waymire,  White,  Whitted  and  Mr.  President— 29. 

So  the  motion  was  disagreed  to. 

Mr.  Williams  moved  to  strike  out  the  word  "  only  "  in  section  three 
line  third. 

The  yeas  and  nays  being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Bristow,  Boise,  Burch,  Crooks,  Campbell  of  Clacka- 
mas, Chadwick,  Elkins,  Fitzhugli,  Grover,  Hoult,  Hendershott,  Kelsey, 
Kinney,  Kelly,  Marple,  Moores,  Matzger,  Meigs,  Nichols,  Peebles, 
Robbins,  Shannon,  Shields,  Starkweather,  Willliams,  Whitted  and  Mr. 
President— 27. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Brattain  of  Lane, 
Farrar,  Lewis,  Love] oy,  Logan,  McBride,  McCormick,  Newcomb,  Olds, 
Packwood,  Short,  Scott,  Waymire  and  White — 16. 

So  the  motion  was  asrreed  to. 

The  question  recurring  upon  the  motion  of  Mr.  Elkins  to  refer  the 
article  on  corporations  and  internal  improvements  to  the  committee  on 
the  same  to  correct  all  the  clerical  errors,  which  motion  was  agreed  to. 

On  motion  of  Mr.  Farrar,  the  convention  took  a  recess. 


AFTERNOON   SESSION. 


2  o'clock  p.  m. 


Mr.  Logan,  offered  the  following  resolution  : 

Resolved,  That  it  is  the  sense  of  this  convention,  that  the  members 
of  this  convention  were  in  no  event  to  receive  either  from  the  State  or 
Territory  any  pay  or  compensation  for  their  services,  but  do  expect 
and  intend  to  receive  compensation  alone  from  the  Federal  Govern- 
ment. 

Mr. moved  that  the  resolution  be  laid  on  the  table. 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Anderson,  Brattain  of  Lane,  Boise,  Campbell  of 
Clackamas,  Grover,  Hoult,  Hendershott,  Kelly,  Lovejoy,  Marple, 
Moores,  Matzger,  Meigs,  Peebles,  Robbins,  Short  and  Shields — 17. 

Nays — Messrs.  Brattain  of  Linn,  Farrar,  Kinney,  Logan,  McCormick, 
Nichols,  Newcomb,  Olds,  Shannon,  Scott,  Williams,  White  and  Mr. 
President — 13. 

So  the  resolution  was  laid  on  the  table. 

Mr.  Boise,  from  the  Committee  on  Seat  of  Government,  made  a  re- 
port. 

10 


70  CONSTITUTIONAL    CONVENTION. 

The  article  on  seat  of  governtnent  was  read  a  first  time  and  passed  to 
a  second  reading. 

Mr.  Grover,  from  the  Committee  on  Bill  of  Rights,  reported  the 
article  as  truly  engrossed. 

The  Article  on  Bill  of  Rights  was  read  a  third  time,  and  Mr.  Logan 
moved  to  recommit  the  article  to  the  Committee  on  Bill  of  Rights, 
with  instrnctioTiS  to  strike  out  so  much  of  Section  six,  as  relates  to  chap- 
lain. 

Mr,  F'arrar  moved  to  amend  the  amendment  so  as  to  restore  Section 
sixteen,  which  was  not  agreed  to. 

The  question  recurring  upon  the  motion  to  recommit,  the  yeas  and 
nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Campbell  of  Clackamas,  Farrar,  Kinney,  Logan, 
Marple,  Moores,  Nichols,  Olds,  Short,  Shattuck,  and  White — IL 

Nays — Messrs.  Andei-son,  Brattain  of  Linn,  Brattain  of  Lane,  Boise, 
Chadwick,  Duncan,  Fitzhiigh,  Grover,  Iloult,  Kelsey,  Lovejoy,  Meigs, 
McCormick,  Newcomb,  Peebles,  Packwood,  Kobbins,  Shannon,  Shields, 
Scott,  Starkweather,  Williams,  Whitted  and  Mr.  President — 24. 

So  the  motion  was  not  agreed  to. 

The  question  recurring  upon  the  final  passage  of  the  Article  on  Bill 
of  Rights  as  read,  the  yeas  and  yeas  being  demanded,  resulted  as  fol- 
lows : 

Yeas — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Boise,  Chadwick, 
Duncan,  Fitzhugh,  Grover,  Hoult,  Kelsey,  Kinney,  Lovejoy,  Marple, 
Moores,  Meigs,  McCormick,  Newcomb,  Olds,  Peebles,  Robbins,  Shan- 
non, Shields,  Starkweather,  Williams,  Whitted  and  Mr.  President — 25. 

Nays — Messrs.  Anderson,  Campbell  of  Clackamas,  Farrar,  Logan, 
Nichols,  Packwood,  Short,  Shattuck,  Scott  and  White — 10. 

So  the  Article  on  Bill  of  Rights  was  passed, 

Mr.  Lovejoy  moved  to  adjourn,  which  was  disagreed  to. 

Mr.  Meigs,  from  Committee  on  Corporations  and  Internal  Improve- 
ments, reported  the  article  as  truly  engrossed. 

On  motion  of  Mr.  Lovejoy,  the  rules  were  suspended  and  the  article 
on  corporations  and  internal  improvements  was  read  a  third  time. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Boise,  Campbell 
ot  Clackamas,  Chadwick,  Duncan,  Fitzhugh,  Farrar,  Grover,  Hoult, 
Kelsey,  Kelly,  Lovejoy,  Marple,  Moores,  Meigs,  McCormick,  Nichols, 
Newcomb,  Olds,  Peebles,  Robbins,  Shannon,  Shattuck,  Scott,  Stark- 
weather, Williams,  White  and  Whitted — 29. 

Nays — Messrs.  Anderson,  Kinney,  Logan,  Packwood  and  Mr,  Presi- 
dent— 5. 

So  the  Article  on  Corporations  and  Internal  Improvements  was 
passed. 

Mr.  Peebles  moved  to  adjourn,  which  was  disagreed  to. 


CONSTITUTIONAL    CONVENTION.  71 


Mr,  Lovejoy  moved  that  the  Convention  resolve  itself  into  the  com- 
mittee of  the  whole,  which  was  disagreed  to. 

Mr.  Marple  asked  leave  to  place  on  the  journal  his  protest  in  rela- 
tion to  bill  of  rights. 

Mr.  Williams  moved  to  amend  b}^  placing  with  the  protest,  his  speech 
upon  the  article  on  bill  of  rights,  which  amendment  was  agreed  to. 

The  question  recurring  upon  granting  leave  to  Mr.  Marple  to  enter 
his  protest  upon  the  journal,  which  was  disagreed  to. 

Mr.  Farrar  moved  to  adjourn,  which  was  disagreed  to. 

Mr.  Grover  moved  that  the  committee  ot  the  whole  be  discharged 
from  the  further  consideration  of  the  article  on  judicial  department, 
which  was  agreed  to. 

On  motion  of  Mr.  Logan,  the  convention  adjourned  until  Monday 
8  o'clock  A.  M. 


MONDAY,  SEPTEMBER  14,  1857. 

8  o'clock  a.  m. 

ihe  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  meuibers  present  except  Messrs.  Apple- 
gate,  Anderson,  Burch,  Cox  of  Marion,  Crooks,  Cojde,  Cox  of  I>ane, 
Campbell  of  Lane,  Cliadwick,  Drj-er,  Elkins,  Kinney,  Lewis,  Miller, 
McBride,  Olney,  Peebles,  Prim,  Packwood,  Reed,  Robbins,  Short, 
Smith,  Shannon,  Shrum,  Shields,  Waymire,  Williams,  Watts,  and 
Watkins. 

The  journal  of  Saturday,  was  read  and  approved. 

Mr.  Lovejoy,  from  Committee  on  Boundaries,  made  a  report  on  the 
same.  The  article  on  boundaries  was  read  as  amended  on  second 
reading. 

Mr.  Meigs,  from  Committee  on  Boundaries,  made  a  minority  re- 
port.    The  minority  article  on  boundaries  was  read  a  second  time. 

Mr.  Kelly,  from  Committee  on  Executive  Department,  made  a  sup- 
plemental report. 

On  motion  of  Mr.  Kelly,  the  reading  of  the  supplemental  article  on 
administrative  department  was  dispensed  with. 

Mr.  Kelly  moved  to  reconsider  the  vote  by  which  the  article  on  ad- 
ministrative department  was  passed,  which  motion  was  disagreed  to. 

Mr.  Grover  moved  that  the  rules  be  suspended,  and  the  Supplemental 
article  on  administrative  department  be  read  a  second  time  now. 

The  supplemental  article  on  administrative  department  was  read  a 
secoud  time,  and  on  motion  of  Mr.  Grover,  the  supplemental  article  on 


72  CONSTITUTIONAL    CONVENTION. 

administrative  department  was  recommitted  to  Committee  on  Exe- 
cutive Department  witli  instructions  to  strike  out  so  mucii  of  the  same 
as  conflicts  with  the  article  on  administrative  department  and  report 
the  same  back  to  the  convention. 

The  article  on  judicial  department  was  taken  upon  its  second  read- 
ing and  wiiS  read  throngiiont. 

Mr.  Matzger  niDved  to  amend  Section  twenty,  line  four,  by  striking 
out  all  after  the  word  "  the  "and  insert,  "  time  whicli  I  may  serve,"' 
which  was  disagreed  to. 

Mr.  Kelly  moved  that  the  article  on  judicial  department  be  referred 
to  the  committee  of  the  wliole,  which  motion  was  withdrawn  by  the 
mover. 

Mr.  Chadwick  moved  to  amend  Section  twent}^  line  Ave,  by  striking 
out  the  words,  "and  for  one  year  thereatter,"  which  amendment  was 
agreed  to. 

Mr.  Matzger,  moved  to  amend  Section  twenty,  line  three,  by  insert- 
ing after  the  word  "supreme"  the  words  "  and  circuit,"  which  amend- 
ment was  agreed  to. 

Mr.  McCormick  moved  to  amend  Section  twenty,  line  flrst,  by  in- 
serting after  the  word  "  supreme  "  the  words  "  and  circuit,"  which 
amendment  was  disagreed  to. 

Mr.  Miller  moved  to  amend  Section  20,  line  three,  by  striking 
out  all  after  the  word  "  ability." 

Mr.  Shattuck  moved  the  previous  question.  The  question  being. 
Shall  the  main  question  be  now  put  1  which  was  decided  in  the  affirm- 
ative. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows  : 

Teas — Messrs.  Chadwick,  Duncan,  Fitzhugh,  Grover,  Hendershott, 
Kelsey,  Kinney,  Kell}^  Lovejoy,  Miller,  Peebles,  Shannon,  Shields, 
Shattuck  and  Scott — 15. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Boise,  Campbell  of  Clackamas,  Farrar,  II.oult,  Lewis, 
Logan,  Marple,  Moores,  Matzger,  Meigs,  McCormick,  Nichols,  Olds, 
Packwood,  Robbins,  Starkweather,  Williams,  White,  Whitted  and  Mr. 
President — 25. 

So  the  amendment  was  uofe  agreed  to. 

Mr.  Bristow  moved  to  amend  Section  20,  by  adding  the  letter 
"  s  "  after  the  word  "  court  "  wherever  it  occurs,  which  amendment 
was  agreed  to. 

Mr.  Olds  moved  to  amend  Section  14,  line  first,  by  striking  out  all 
after  the  words  "  years,"  and  insert  the  words  "  whose  duties  shall  be  pro- 
scribed by  law,  however,  the  legislative  assembly  may  corifer  on  said 
clerk  the  office  ot  auditor  and  recorder  of  said  county,"  which  amend- 
ment \Yas  disagreed  to. 


CONSTITUTIONAL   CONVENTION.  73 

Mr.  Marple  moved  to  amend  Section  20,  line  four,  by  strikinj^  out 
all  after  the  word  "  offices  "  in  line  four,  to  the  end  of  the  sentence,  and 
insert  "to  which  I  may  have  been  elected,  or  appointed  during  my 
continuance  in  office." 

Mr.  Matzger  moved  to  amend  the  amendment  by  adding  "  and  one 
year  after,"  which  was  disagreed  to. 

The  question  recurring  upon  the  adoption  of  the  amendment,  which 
was  disagreed  to. 

Mr,  Boise  moved  to  amend  Section  2,  line  two,  by  inserting  after  the 
word  "  thereof,"  the  following  :  "  who  shall  be  citizens  of  the  United 
States,  and  who  shall  have  resided  in  this  State  at  least  three  years 
next  preceding  their  election,"  which  was  agreed  to. 

Mr.  Kelly  n^oved  to  reconsider  the  vote  just  taken. 

Mr.  Farrar  moved  to  posti)one  the  motion  indefinitely. 

Mr,  McCormick  moved  the  previous  question.  The  question  being, 
Shall  the  main  question  be  now  put?  which  was  decided  in  the  affirm- 
ative. 

The  question  recurring  upon  the  motion  to  postpone  indefinitely,  the 
yeas  and  nays  being  demanded,  resulted  as  f  )llows  : 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Babcock,  Boise,  Campbell 
of  Clackamas,  Chadwick,  Duncan,  Fitzhugh,  Grover,  Ploiilt,  Kelsey, 
Kinney,  Lovejoy,  Miller,  Meigs,  Robbins,  Shannon,  Shields,  Whitted 
and  Mr.  President — 20. 

Nays — Messrs.  Anderson,  Brattain  of  Lane,  Farrar,  Hendershott, 
Kelly,  Lewis,  Logan,  Marple,  Moores,  Matzger,  McCormick,  Nichols, 
Olds,  Peebles,  Parkwood,  Shattuck,  Scott,  Starkweather,  Williams, 
and  Wliite— 20, 

So  the  motion  to  ]>ostpone  indefinitely  was  disagreed  to. 

The  <|uestion  recurring  upon  the  adoption  of  the  motion  to  recon- 
sider, wliich  was  disagreed  to. 

•  Mr.  Chadwick  moved  to  amend  Section  3,  line  two,  b}'  inserting 
after  the  words  "  four  years  "  the  following  :  "  one  in  six  years  and  one 
in  eight  years,  and  thereafter  one  shall  be  chosen  every  two  years  to 
serve  for  the  term  of  eight  years. 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Babcock,  Boise, 
Cox  of  Marion,  Campbell  of  Clackamas,  Chadwick,  Grover,  Williams, 
Whitted  and  Mr.  President— 11. 

Nays — Messrs  Anderson,  Bristow,  Duncan,  Fitzhugh,  Farrar, 
Hoult,  Hendershott,  Kinney,  Kelly,  Lewis,  Lovejoy,  Logan,  Marple, 
Miller,  Moores,  Matzger.  Meigs,  McCormick,  Nichols,  Newcomb,  Olds, 
Peebles,  Packwood,  Robbins.  Sliannon,  Shields,  Shattuck,  Scott,  Stark- 
■  weather,  and  White — 30. 

So  the  amendment  was  disagreed  to. 

Mr.  Packwood  moved  to  amend  Section  IS.  line  first,  after  the  word 


74  CONSTITUTIONAL    CONVENTION. 

"  but,"  add  the  word  "grand  juries  shall  present  the;"  after  the  word 
"delinqnency,"  strike  out  the  word  "in"  and  insert  the  word  "of"  to  the 
word  "  office;"  add  the  letters  "  rs,  "  strike  out  the  word  "  may,"  where 
it  first  occurs  in  the  second  line,  and  insert  the  words  "  which  shall;" 
which  was  disagreed  to. 

Mr.  Lovejoy  moved  the  article  on  judicial  department  be  engrossed 
and  read  a  third  time  to-morrow,  which  motion  was  withdrawn  by  the 
mover. 

Mr.  Kelly  moved  to  insert  between  Sections  9  and  10,  the  blank  sec- 
tion reported  by  a  member  of  the  Committee  on  Judicial  Department, 
in  relation  to  a  supreme  court  separate  from  circuit  courts. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Biistow,  Brattain  of  Lane,  Babcock,  Boise, 
Cox  of  Marion,  Campbell  ot  Clackamas,  Duncan,  Fitzhugh,  Grover, 
Hoult,  Hendershott,  Kinney,  Kelly,  Lewis,  Lovejoy,  Marple,  Miller, 
Moores,  Matzger,  Meigs,  Nichols,  Newcomb,  Peebles,  Bobbins,  Shan- 
non, Shields,  Shattuck,  Williams  and  Whitted — 30. 

Nays — Messrs.  Brattain  of  Linn,  Farrar,  McCormick,  Olds,  Pack- 
wood,  Scott,  Starkweather,  White  and  Mr.  President — 9. 

So  the  motion  was  agreed  to. 

Mr.  Kelly  moved  to  amend  Section  14,  by  adding  the  following  : 
"But  whenever  the  number  of  votes  in  any  county  shall  exceed  twelve 
hundred,  the  legislative  assembly  may  authorize  the  election  of  one 
person  as  clerk  of  the  circuit  court,  one  person  as  clerk  of  the  county 
court,  and  t)ne  person  as  recorder  of  conveyances. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Brattain  of  Lane,  Bab- 
cock, Boise,  Cox  of  Marion,  Campbell  of  Clackamas,  Duncan,  Farrar, 
Kinney,  Kelly,  Lewis,  Lovejoy,  Logan,  Marple,  Miller,  Moores,  Matz- 
ger, Meigs,  McCormick,  Nichols,  Newcomb,  Olds,  Peebles,  Packwood, 
Bobbins,  Shattuck,  Scott,  Starkweather  and  White — 30. 

Nays — Messrs.  Bristow,  Cox  of  Lane,  Fitzhugh,  Hoult,  Hendershott. 
Shannon,  Shields,  Williams,  Whitted  and  Mr.  President — 10. 

So  the  amendment  was  adopted, 

Mr.  Boise  moved  to  ametid  Section  19,  by  adding  the  following; 
"The  judges  of  the  supreme  court  shall  not,  during  the  term  for  which 
they  are  elected,  be  eligible  to  any  office  within  the  gift  of  this  State 
or  the  United  States,  except  judicial  offices ;"  which  amendment  was 
not  agreed  to. 

Mr.  Farrar  moved  to  amend  Section  10,  line  first,  by  striking  out 
the  word  "four,"  and  insert  the  word,  "two." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Farrar,  Hendershott,  Kinney,  Lewis, 
Logan,  Marple.  McCormick,  Nichols,  Olds,  Shannon,  Scott  and  White 
—13.  • 


CONSTITUTIONAL    CONVENTION.  75 


Nays — Messrs.  Brattain  oi  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock,  Boise,  Cox  of  Marion,  Cox  of  Lane,  (yam])bell  of  Clackamas, 
Duncan,  Fitzlingli,  Grover,  Iloult.  Kelly,  Lovejoy,  Miller,  Moores, 
Matzger,  Meiirs.  Newcomb,  Peebles,  Packwood,  Robbins,  Shields, 
Starkweather,  Williams,  Whitted  and  Mr.  President — 27. 

So  the  amendment  was  disagreed  to. 

Mr.  Olds  moved  to  amend  Section  3,  line  two  by  striking  out  the 
word  "six,"  and  insert  the  word  "four." 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Anderson,  Farrar,  liendershott,  Kinney,  Lewis, 
Logan,  Marple,  McCormick,  Olds,  Shattuck,  Soott  and  White — 12. 

Nays— Messrs.  Brattain  of  Lirm,  Bristow,  Brattain  of  Lane,  Bab- 
cock,  Boise,  Cox  of  Marion,  Cox  of  Lane,  Campbell  of  Clackamas, 
Chadwick,  Duncan,  Fitzhugh,  Grover,  Hoult,  Kelly,  Lovejoy,  Miller, 
Moores,  Matzger,  Meigs,  Nichols,  Newcomb,  Peebles,  Packwood,  Rob- 
bins,  Shannon,  Shields,  Starkweather,  Williams,  Whitted  and  Mr. 
President— 30. 

So  the  amendment  was  disagreed  to. 

Mr.  Grover  moved  that  the  article  on  judicial  department  be  en- 
grossed and  read  a  third  time  on  to-morrow;  which  was  agreed  to. 

Mr.  Logan  moved  to  take  from  the  table  the  resoluti<jn  in  regard  to 
pay  of  members  of  this  convention  ;  which  was  disagreed  to. 

Mr.  Williams  njoved  to  instruct  the  Committee  on  Miscellaneous 
Provisions  to  report  on  the  mode  of  amending  the  constitution  ;  which 
was  agreed  to. 

Mr.  Meigs  inoved  to  suspend  the  rules,  so  as  to  allow^  a  motion  to 
take  from  the  table  the  resolutions  in  regard  to  the  manner  of  voting; 
which  was  disagreed  to. 

Mr.  Lovejoy  moved  to  suspend  the  rules,  so  as  to  make  a  motion  to 
take  from  the  table  the  article  on  suffrages  and  elections. 

On  motion  of  same,  tne  article  on  suffrages  and  elections  was  taken 
from  the  table. 

Mr.  Kelly  moved  to  amend  Section  15,  line  fourth,  by  striking  out 
all  after  the  word  "direct,"  in  said  line;  which  was  agreed  to. 

On  motion  of  Mr.  Lovejoy,  the  article  on  suffrages  and  elections 
was  ordered  to  be  engrossed  and  read  a  third  time  on  Wednesday  next. 

Mr.  Cox  of  Lane  moved  to  take  a  recess ;  which  was  disagreed  to. 

Mr.  Peebles  moved  to  suspend  rules,  so  as  to  make  a  motion  to  take 
from  the  table  the  resolution  in  regard  to  pay  of  delegates  ;  which  was 
disagreed  to. 

On  motion  of  Mr.  Peebles,  the  convention  took  a  recess. 


76  CONSTITUTIONAL    CONVENTION. 


AFTERNOON   SESSION. 

2  o'clock  p.  m. 

Mr.  Williams  from  Committee  on  Judicial  Department,  made  a  re- 
port in  relation  to  a  prohibitory  liquor  law ,  which  was  read,  and  on 
motion  of  Mr.  Lovejoy,  ordered  that  two  hundred  copies  of  said  report 
be  printed. 

Mr.  Grover  moved  to  suspend  rules,  so  as  to  take  up  articles  on 
finance  and  seat  of  government ;  which  was  ao;reed  to. 

On  motion  of  Mr.  Grover,  the  article  on  finance  was  read  a  second 
time. 

Mr.  Kelly  moved  to  amend  by  adding  a  section,  marked  Section  8, 
as  follows : 

Sec.  8.  All  stationery  required  for  the  use  of  the  State  shall  be 
furnished  by  the  lowest  responsible  bidder,  under  such  regulations  as 
may  be  prescribed  by  law;  but  no  State  otHcer  or  member  of  the  Leg- 
islative Assembly  shall  l)e  interested  in  any  bid  or  contract  for  furnish- 
ing such  stationery;  which  was  agreed  to 

On  motion  of  Mr.  Bristow,  the  article  on  finance  was  ordered  to  be 
engrossed  and  read  a  third  titne  on  Wednesday  next. 

On  motion  of  Mr.  Grover,  the  article  on  seat  of  government  was 
read  a  second  time. 

On  motion  of  Mr.  Kelly,  the  article  on  seat  of  government  was  re- 
ferred to  the  cominittee  of  the  whole. 

On  motion  of  Mr.  Lovejoy,  the  convention  resolved  itself  into  the 
committee  of  the  whole  on  article  on  seat  of  government,  with  Mr. 
Lovejoy  in  the  chair;  after  some  time  spent  therein,  the  committee 
rose  and  the  President  resumed  the  chair,  and  the  chairman,  Mr.  Love- 
joy, reported  that  the  committee  having  had  under  consideration  the 
article  on  seat  of  government,  re])ort  the  same  back  to  the  convention 
with  sundr}'  amendments. 

Mr.  Peebles  reported  the  article  on  education  and  school  lands  as 
truly  engrossed. 

On  motion  of  Mr.  Peebles,  the  convention  adjourned. 


TUESDAY,  SEPTEMBER  15,  1857. 

8  o'clock  a.  m. 
The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  present  except  Messrs.  Bab- 
cock,  Coyle,  Campbell  of  Lane,  Campbell  of  Clackamas,  Chadwick, 


CONSTITUTIONAL    CONVENTION.  77 


Duncan,  Hoult,  Kelsey,  Lewis,  Lovejoj,  Loffan,  Marple,  McBride, 
Newcorab,  Olney,  Peebles.  Prim,  Packwond,  Keed,  Robbins,  Shruin, 
Shields,  Shattnck,  Waymire,  White  and  Whitted. 

The  ionrnal  of  yesterday  was  read  and  approved. 

Mr.  Farrar  presented  a  petition  of  A.  A.  Durham  and  others,  rela- 
tive to  a  prohibitory  liquor  law. 

On  motion  of  Mr.  Farrar,  the  petition  was  referred  to  the  Committee 
on  Leo:islative  Department. 

Mr.  Coyle  presented  a  petition  of  Ezra  Fisher  and  others,  relative  to 
a  prohibitory  liquor  law. 

On  motion  of  Mr.  Lovejoy,  the  petition  was  referred  to  the  Committee 
on  Leo;islative  Department. 

Mr.  Williams  reported  the  article  on  judicial  department  as  truly 
eno^rossed. 

Mr.  Boise  reported  the  article  on  legislative  department  as  truly  en- 
grossed. 

Mr.  Burch  reported  the  article  on  finance  as  truly  engrossed. 

Mr.  Boise  from  Committee  on  Miscellaneous  Provisions,  made  a  re- 
port of  an  article. 

The  article  on  miscellaneous  provisions  was  read  a  first  time  and 
passed  to  a  second  reading. 

Mr.  Grover  offered  the  following  resolution : 

Resolved^  That  a  select  committee  of  five  be  appointed  on  the  en- 
rolled constitution,  with  instructions  to  arrange,  number,  and  report 
the  articles  thereof  for  final  action. 

Mr.  Kelly  moved  to  amend  the  resolution  as  follows,  to-wit :  ^'^^^ 
authorizing  the  committee  to  employ  a  clerk  to  enroll  the  constitution 
in  a  fair  hand;"  which  amendment  was  agreed  to. 

The  question  recurring  upon  the  adoption  of  the  resolution  as 
amended,  which  was  adopted. 

Amendments  from  committee  of  the  whole  on  article  on  seat  of  gov- 
ernment were  taken  up  as  follows: 

First  amendment — Section  1,  by  striking  out  all  after  the  word 
"but,"  in  second  line,  to  and  before  the  word  'Suloption,"  in  same  line, 
and  insert  the  words  "at  the  first  regular  session  after." 

Second  amendment — Section  1,  by  striking  out  the  word  "may,*'  in 
third  line,  and  insert  the  word  "shall." 

Third  amendment — Section  1,  by  adding  after  the  word  "State,"  in 
fourth  line,  the  words  "at  the  next  general  election  thei-eafter." 

Fourth  amendment — Section  2,  by  adding  after  the  word  "and,"  in 
second  line,  the  words  "sixty-five." 

Fifth  amendment — Section  2,  by  inserting  after  the  word  "expend- 
ed," in  line  first,  the  vrords  "or  debt  contracted." 

Sixth  amendment — Section  3,   by  filling  the  blank  in  line  second 
with  the  word  "twenty." 
11 


78  CONSTITUTIONAL    CONVENTION. 

Seventh  amendment — Section  3,  by  addinaj  the  following  at  the  end 
of  the  section  :  Provided^  That  all  State  institutions  hereafter  pro- 
vided for  1)3'  tiie  Legislative  Assembly  shall  be  located  at  the  seat  of 
government. 

The  first,  second,  thii'd,  fourth,  iitth  and  sixth  of  the  foregoing 
amendments  were  severally  adopted. 

Tlie  seventh  amendment  being  read,  Mr.  Grover  moved  to  amend 
the  amendment  as  follows  :  Strike  oat  the  words  "State  institutions," 
and  insert  tlie  words  ''public  general  institutions  of  the  State;"  which 
was  agreed  to. 

The  question  recurring  upon  the  adoption  of  the  amendment  as 
amended,  the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Bristow,  Brattain  of  Lane,  Babcock,  Boise,  Burch, 
Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clackamas, 
Chadwick,  Duncan,  Elkins,  Fitzhugh,  Grover,  Hoult,  Hendershott, 
Kelsey,  Lewis,  Lovejoy,  Miller,  Mt)ores,  Meigs,  Newcomb,  Peebles, 
Prim,  Shaimon,  Smith,  Shields,  Scott,  Starkweather,  Waymire,  Whit- 
ted  and  Mr.  President — 34. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Dryer,  Farrar,  Kinney, 
Kelly,  Mai'ple,  Matzger,  McCormick,  Nichols,  Olds,  Packwood,  Short, 
Williams,  White  and  Watkins — 16. 

So  the  amendment  as  amended  was  agreed  to. 

Mr.  i^ristow  moved  to  amend  Section  1,  by  striking  out  all  of  said 
section  and  insert  the  following: 

Section  I,  At  the  time  and  places  of  voting  upon  the  adoption  of 
the  constitution,  the  matter  of  selection  of  a  place  for  a  ^lermanent  seat 
of  government  shall  also  be  submitted  to  the  electors  of  the  Territory 
of  Oregon,  And  it  shall  be  the  duty  of  the  judges  of  election  to  in- 
quire of  each  voter  at  what  place  lie  desires  the  location  of  the  seat  of 
government,  and  record  his  vote  according  to  the  designation  of  the 
voter.  It"  any  one  place  shall  receive  at  such  election  a  majority  of  all 
the  votes  cast,  such  place  shall  be  the  permanent  seat  of  government 
for  twenty  years. 

Sec.  2.  If  no  point  or  place  shall  have  received  a  majority  of  all  the 
votes  cast  at  the  adoption  of  this  constitution,  then  the  two  places  hav- 
ing received  the  highest  number  shall  in  like  manner  be  again  sub- 
mitted to  the  electors  of  the  State  at  the  first  general  election  after  the 
adoption  of  the  constitution,  and  the  point  or  place  having  received 
the  majority  of  votes  cast  for  such  two  places,  shall  be  the  permanent 
seat  of  government  for  twenty  years.  The  votes  for  the  location  of  the 
seat  of  government  shall  be  canvassed  and  returned  in  the  same  man- 
ner as  in  elections  for  Governor. 

Mr.  Shannon  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put?  which  was 
disagreed  to. 


CONSTITUTIONAL    CONVENTION. 


The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Bristow,  Brattain  of  Lane,  Cox  of  Lane, 
Farrar,  Hoult,  Kelsey,  Kinney,  Kelly,  Lewis,  Lo^an,  Moores,  Matzger, 
Nichols,  Olds,  Packwood,  Short,  Scott,  White  and  Watkins — 20. 

Nays — Messrs.  Brattain  of  Linn,  Babcock,  Boise,  Burch,  Cox  of 
Marion,  Crooks,  Coyle,  Campbell  of  Clackamas,  Cliadwick,  Dryer, 
Elkins,  Fitzhngh,  Grover,  Ilendershott,  Lovejoy,  Marple,  Miller,  Mei^s, 
McCorniick,  Newcoiub,  Peebles,  Prim,  Bobbins,  Shannon,  Smith, 
Shields,  Starkweather,  Waymire,  Williams,  Whitted  and  Mr.  Presi- 
dent—3L 

So  the  amendment  was  not  agreed  to. 

Mr.  Dryer  moved  to  amend  Section  1,  by  striking  out  all  after  the 
words  "Section  1,"  and  insert  the  words  "The  seat  of  government  shall 
be  at  Portlawd,  Multnomah  county,  and  shall  not  be  changed  until 
after  the  year  1865,  when  the  legislative  assembly  may  permanently 
establish  the  same." 

Mr.  Chadwick  moved  to  amend  the  amendment,  by  striking  out  the 
M'ord ''Portland,"  and  insert  the  word  "Roseburg;"  which  was  not 
agreed  to. 

Mr.  Bristow  moved  to  amend  the  amendment  by  striking  out  the 
word  "Portland,"  and  insert  the  words  "Eugene  City;"  whicli  was  not 
agreed  to. 

Mr.  Hendershott  moved  to  amend  the  amendment,  by  striking  out 
the  word  "Portland,"  and  insert  the  word  "Jacksonville;"  which  was 
not  agreed  to. 

Mr.  Farrar  moved  the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  aftirm?tive. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Dryer.  Farrar,  Lo2:an,  Meigs,  McCormick 
Olds,  Short  and  White— 9. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock, Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Camp- 
bell of  Clackamas,  Chadwick,  Elkins,  Fitzhngh,  Grover,  Hoult,  Ilender- 
shott, Kelsey,  Kinney,  Kelly,  Lewis,  Lovejoy,  Marple,  Miller,  JMoores, 
Matzger,  Nichols,  Newcomb,  Peel)les,  Prim,  Packwood,  R:)bbins,  Shan- 
non, Smith,  Shields,  Scott,  Starkweather,  Waymire,  Williams,  Wat- 
kins,  Whitted  and  Mr.  President — 42. 

So  the  amendment  was  disagreed  to. 

Mr.  Grover  moved  that  the  article  on  seat  of  government  be  en- 
grossed and  and  read  a  third  time  on  to-morrow." 

The  yeas  and  nays  being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Brattain  of  Linn,  Babcock,  Boise,  Burch,  Cox  of 
Marion,  Crooks,  Coyle,  Campbell  of  Clackamas,  Chadwick,  Elkins, 


80  CONSTITUTIONAL    CONVENTION. 

Fitzhugh,  G rover,  Hendershott,  Kelsey,  Kelly,  Lewis,  Lovejoy,  Miller, 
Moores,  Meigs,  Newcomh,  Peebles,  Priin,  Rohbins,  Shannon,  Smith, 
Shields,  Starkweather,  Waymire,  Williams,  Whitted  and  Mr.  Presi- 
dent—32 

Nays — Messrs.  Anderson,  Bristow,  Brattain  of  Lane,  Cox  of  Lane, 
Dryer,  Farrar,  Honlt,  Kinney,  Logan,  Marple,  Matzger,  McCorinick, 
Nichols,  Olds,  Packwood,  Short,  Scott,  White  and  Watkins — 19. 

So  the  motion  was  agreed  to. 

The  article  on  schedule  was  read  a  second  time. 

On  motion  of  Mr.  Kelly,  the  article  un  schedule  was  referred  to  the 
committee  of  the  whole. 

The  article  on  legislative  department  was  read  a  third    time. 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Boise,  Cox  of  Marion,  Crooks,  Coyle,  Cdx  of  Lane, 
Cam])bell  of  Clackamas,  Chadwick,  Elkins,  Fitzhugh,  Grover,  Iloult, 
Hendershott,  Kelly,  Lovejoy.  Marple,  Miller,  Moores,  Meigs,  McCor- 
mick,  Nichols,  Olds,  Peebles,  Prim,  Robbins,  Short,  Shannon,  Smith, 
Shields,  Starkweather,  Waymire,  Williams,  White,  Watkins,  Whitted 
and  Mr.  President — 40. 

Nays — Messrs.  Dryer,  Farrar,  Logan,  Packwood  and  Scott — 5. 

So  the  article  on  legislative  department  was  passed. 

The  article  on  judicial  department  was  read  a  third  time. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messi's.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock, Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Camp- 
bell of  Clackamas,  Chadwick,  Elkins,  Fitzhugli,  Grover,  Hoult,  Hen- 
dershott, Kelsey,  Kelly,  Lewis,  Lovejoy,  Miller,  Moores,  Matzger, 
Meigs,  McCormick,  Nichols,  Peebles,  Pj-iin,  Robbins,  Shannon,  Smith, 
Shields,  Starkweather,  Waymire,  Williams,  Whitted  and  Mr.  Presi- 
dent~38. 

Nays — Messrs.  Anderson,  Farrar,  Kinney,  Logan,  Marple,  Olds, 
Packwood,  Scott,  White  and  Watkins — 10. 

So  the  article  on  judiciary  was  passed. 

The  article  on  education  and  school  lands  was  read  a  third  time. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  .  of 
Lane.  Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Camp- 
bell of  Clackamas,  Chadwick,  Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult, 
Hendershott,  Kelsey,  Kinney,  Kelly,  Lewis,  Lovejoy,  Logan,  Miller, 
Moores,  Matzger,  Meigs,  McCormick,  Nichols,  Olds,  Peebles,  Prim, 
Packwood,  Robbins,  Short,  Shannon,  Smith,  Shields,  Scott,  Stark- 
weather, Waymire,  Williams,  White,  Watkins  and  Whitted — 46. 

Nays — Messrs.  Dryer,  Marple  and  Mr.  President — 6. 

So  the  article  on  education  and  school  lands  was  passed. 


CONSTITUTIONAL    CONVENTION.  SI 


The  article  on   finance  was  read  a  third  time. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Bi'attain  of 
Lane,  Babcock,  Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of 
Lane,  Campbell  of  Clackamas,  Chadwick,  Elkins,  Fitzhugh,  Farrar, 
Grover,  Honlt,  Hendershott,  Kelsey,  Kinney,  Kelly,  Lewis,  Lovejoy, 
Logan,  Marple,  Miller,  Moores,  Matzger,  Meigs,  McCormick,  Nicliols, 
Olds,  Peebles,  Prim,  Packwood,  Bobbins,  Short,  Shannon,  Smith^ 
Shields,  Scott,  Starkweather,  Waymire,  Williams,  White,  Watkins, 
Whitted  and  Mr.  President— 49. 

Nays— Mr.  Dryer— L 

So  the  article  on  finance  was  passed. 

Mr.  Logan  moved  a  call  of  the  honse  ;  the  roll  being  called  through, 
the  following  members  failed  to  answer  to  their  names  : 

Messrs.  Anderson,  Babcock,  Campbell  of  Lane,  Campbell  of  Clack- 
amas, Dryer,  Duncan,  Fitzhngh,  Farrar,  Matzger,  McBride,  Newcomb, 
Olney,  Heed,  Short,  Shrum,  Shat^tuck  and  Watts. 

On  motion  of  Mr.  Logan,  the  further  call  of  the  house  was  dispensed 
with. 

On  motion  of  Mr.  Kelly,  the  President  was  authorized  to  erase  all 
the  latter  part  of  Section  3,  line  four,  afrer  the  words  schools  in  said  line, 
in  the  article  on  education  and  school  lands. 

Mr.  Logan  moved  to  take  from  the  table  the  resolution  in  regard  to 
pay   of  delegates  of  this   convention. 

The  yeas  and  nays  being  demanded,  resulted  as  follows : 

Yeas — Messrs.  Anderson,  Brattain  of  Lane,  Boise,  Burch,  Campbell 
of  Clackamas,  Dryer,  Elkins,  Farrar,  Kinney,  Logan,  Marple,  Matzger, 
Nichols,  Olds,  Peebles,  Shannon,  Scott,  Starkweather,  Waymire, 
White,  Watkins,  Whitted  and  Mr.  President — 23. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Babcock,  Cox  of  Marion, 
Crooks,  Coyle,  Cox  of  Lane,  Chadwick,  Fitzhugh,  Grover,  Ploult, 
Hendershott,  Kelsey,  Kelly,  Lewis,  Lovejoy,  Miller,  Moores,  Meigs, 
McCormick,  Prim,  Packwood,  Bobbins,  Short,  Smith,  Shields  and 
Williams— 27. 

So  the  motion  was  disagreed  to. 

Mr.  Smith  moved  to  reconsider  the  vote  by  which  the  article  on  ju- 
dicial department  was  passed. 

Mr.  Farrar  moved  the  previous  question  ;  the  question  being.  Shall 
the  main  question  be  now  put?  which  was  decided  in  the  affirmative. 

On  motion,  the  convention  took  a  recess. 


82  CONSTITUTIONAL    CONVENTION. 


AFTERNOON  SESSION. 


2  o'clock  p.  m. 


Mr.  Bristow  offered  tlie  following  resolution  : 

Resolved^  That  ca])ital  punishment  shall  not  exist  in  this  State,  but 
the  leo-islative  assembly  may  provide  for  the  punishment  of  crimes  by 
imprisonment  in  the  penitentiary. 

Mr.  Lovejoy  moved  to  lay  the  resolution  on  the  table,  which  was 
agreed  to. 

On  motion  of  Mr.  Smith,  the  convention  resolved  itself  into  the  com- 
mittee of  the  whole  on  the  article  on  the  schedule,  with  Mr.  Smith  in 
the  chair;  after  some  time  spent  therein,  the  committee  rose  and  the 
President  resumed  the  chair,  and  the  chairman,  Mr.  Smith,  reported 
that  tiie  committee  having  had  under  consideration  the  article  on 
schedule,  report  the  same  back  with  sundry  amendments. 

The  President  announced  the  committee  on  enrollment  and  arrange- 
ment of  the  constitution,  as  follows,  to-wit:  Messrs.  Grover,  Boise, 
Kelly,  Williams  and  Farrar. 

On  motion  of  Mr.  Burch,  the  convention  adjourned. 


WEDNESDAY,  SEPTEMBER  16,  1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being  called,  all  the  members  ])resent  except  Messrs.  Ap- 
plegate,  Brattain  of  Linn,  Boise.  Campbell  of  Lane,  Lewis,  McBride, 
Newcomb,  Olney,  Packwood,  Reed,  Robbins,  Shrum,  Shields,  Shat- 
tuck.  Starkweather,  Williams  and  Watts. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Smith  reported  the  article  on  suffrages  and  elections  as  truly 
engrossed. 

The  article  on  boundaries  was  taken  upon  its  second  reading. 

Mr.  Peebles  moved  to  refer  the  article  to  the  committee  of  the  whole, 
which  was  disagreed  to. 

Mr.  Lovejoy  moved  to  amend  the  article  on  boundaries  as  follows: 
by  adding  to  end  of  Section  1,  "but  the  Congress  of  the  United  States, 
in  providing  for  the  admission  of  the  State  into  the  Union,  may  make 
the  said  northern  boundary  conform  to  the  act  creating  the  Territory 
of  Washington." 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.   Brattain  of  Linn,  Babcock,  Boise,  Cox  of  Marion, 


CONSTITUTIONAL    CONVENTION.  83 

Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clackamas,  Chadwick,  Dun- 
can, Elki'ns,  Fitzhno^h,  Farrar,  Grover,  Hoult,  Kelsey,  Kelly,  Lovejoy, 
McCormick,  Nichols,  Newcoinb,  Prim,  Rc^libins,  Smith,  Shield,  Stark- 
weather, Waymire,  Williams,  White  and  Whitted — 30. 

Nays— Messrs.  Anderson,  Brattain  of  Linn,  Bristovv,  Burch,  Dryer, 
Ilendershott,  Kinney,  Loi^an,  Marple,  Miller,  Matz^^er,  Meiors,  Olds, 
Peebles,  Packwood,  Short,  Shannon,  Scott,  Watkins,  and  Mr.  Presi- 
dent—20. 

So  the  amendment  was  agreed  to. 

Mr.  Kelly  to  amend  Section  1,  line  ten,  by  striking  oat  all  after  the 
word  "beginning"  to  the  word  "state,"  in  the  eleventh  line. 

Mr.  Smith  moved  the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put?  which 
was  decided  in  the  affirmative. 

The  question  recurring  upon  agreeing  to  the  amendment,  which  was 
not  agreed  to. 

Mr.  Grover  moved  to  amend  Section  1,  by  inserting  between  the 
words  "iurisdiction, "  and  the  word  "  upon  "  in  line  ten,  the  words  "in 
civil  and  criminal  cases,"  which  was  agreed  to. 

Mr.  Mai-ple  moved  to  amend  Section  1,  by  adding  at  the  end  of  the 
section  the  following  :  ])rovided,  that  at  such  time  as  the  ele(;tors  of 
that  portion  of  this  State  lying  south  of  the  Calipooia  mountains  or 
a  part  thereof  shall  desire  to  detach  the  same  from  this  State  and  unite 
with  a  portion  of  California,  in  the  formation  of  a  new  State,  they  shall 
be  permitted  so  to  do.  But  no  county  shall  be  divided  or  intercepted 
by  any  other  county  in  carrying  out  this  provision. 

Mr.  Logan  moved  to  amend  the  amendment,  by  inserting  between 
the  words  "thereof"  and  "shall  "the  words  "whenever  the  voters  ot 
Coos  county,"  which  was  agreed  to. 

Mr.  Lovejoy,  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put  ?  which 
was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment  as 
amended,  which  was  not  agreed  to. 

Mr.  Boise  moved  to  amend  Section  1,  line  five,  by  striking  out  the 
word  "  of"  after  the  word  opposite. 

Mr.  Bristow  moved  to  amend  the  amendment  b}'  inserting  the  word 
"  to  "  in  lieu  of  the  word  "  of,  "  which  was  disagreed  to. 

The  question  recurring  upon  the  adoption  of  the  amendment,  which 
was  agreed  to. 

Mr.  Meigs  moved  to  amend  Section  1,  by  striking  out  all  after  the 
word  "  begmning "  in  third  line,  and  insert  the  minority  report  on 
boundary. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Farrar,  Meigs,  and  Watkins — 3. 


84  CONSTITUTIONAL    CONVENTION. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babeock,  Boise,  Biirch,  Cox  of  Marion,  Crooks,  Coyie,  Cux  of 
Lane,  Campbell  of  Clackamas,  Chadwick,  Dryer,  Dnncan,  Elkins, 
Fitzhuo;h,  Grover,  Iloult,  Kelsey,  Kinney,  Kelly,  Lovejoy,  Looan,  Mar- 
pie,  Miller,  Moores,  Matzger,  McCormick,  Nichols,  Newcomb,  Olds, 
Peebles,  Prim,  Packwood,  Robbins,  Short,  Shannon,  Smith,  Shields, 
Scott,  Starkweather,  Waymire,  Williams,  White  and  Mr.  President — 40. 

So  the  amendment  was  not  asjreed  to. 

On  motion  of  Mr.  Lovejoy,  the  article  on  boundaries  was  ordered 
to  be  engrossed  and  read  a  third  time  on  to-morrow. 

The  minority  article  on  boundaries  was  taken  upon  its  second  read- 
ing. 

On  motion  of  Mr.    Smith,  the   article  was  postponed   indefinitely. 

The  article  on  miscellaneous  provisions  was  read  a  second  t;ine,  and 
on  motion  of  Mr.  Grover,  the  article  was  referred  to  the  committee 
of  the  whole. 

Mr.  Boise  reported  the  article  on  seat  of  government  as  truly  en- 
grossed. 

The  amendment  from  committee  of  the  whole,  on  the  schedule  was 
taken  up  as  follows  : 

First  amendment — Section  8,  line  two,  by  striking  out  the  word 
"  fee  "  and  insert  the  word  ''  ofiice." 

Second  amendment — By  adding  a  new  Section  marked  Section  11, 
as  follows  :  Section  11.  Until  otherwise  provided  by  law,  the  judicial 
districts  of  the  State  shall  be  constituted  as  follows  :  The  counties  of 
Jackson,  Josephine,  and  Douglas,  shall  constitute  the  first  district; 
the  counties  Jof  Umpqua,  Coos  and  Curry,  Lane  and  Benton,  shall 
constitute  the  second  district;  the  counties  of  Linn,  Marion,  Polk, 
Yam^iill,  and  Washinton,  shall  constitute  the  third  district;  the  coun- 
ties of  Clackamas,  Multnomah,  Wasco,  Columbia,  Clatsop,  and  Tilla- 
jnook,  shall  constitute  the  fourth  district,  and  the  county  of  Tillamook 
shall  be  attached  to  the  county  of  Clatsop,  for  judicial  purposes. 

The  foregoing  amendments  Nos.  1  and  2,  were  sevei'ally  adopted. 

Mr.  Bristow  moved  to  amend  Section  9,  as  follows:  ''but  the  legisla- 
tive assembly  maj'  provide  for  the  punishment  of  capital  otifences  by 
imprisonment  in  the  penitentiary,"  which  was  disagreed  to. 

Mr.  Prim  moved  to  amend  Section  1,  line  two,  by  striking  out  the 
word  "November"  and  insert  the  word  ""February;"  also  in  same  line 
strike  out  the  figure  "  7  "  and  insert  figure  "  8." 

Mr.  McCoi'mick  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put  ?  which 
was  decided  in  the  atlirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment. 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Burch,  Cox  of  Lane,  Chadwick,  Duncan,  Fitzhugh, 


CONSTITUTIONAL    CONVENTION.  85 

Farrar,  Grover,  Hendersliott,  Kelsey,  Kelly,  Lof^an,  ]\iar|;)le,  Miller, 
Meigs,  Neweomb,  Prim,  Packwood,  Scott,  Wliitted  ajid  Mr.  President 
—20. 

Naj's — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Boise,  Cox  of  Marion,  Crooks,  Coyle,  Campbell  of 
Clackamas,  Dryer,  Elkins,  Hoult.  Kinney,  Lovejoy,  Moores,  Matzger, 
McCormick,  Nichols,  Olds,  Peebles,  Ro!)l)ins,  Short,  Shannon,  Smith, 
Shields,  Starkweather,  Wayraire,  Williams,  Wiiite  and    Watkins — 31. 

So  the  amendment  was  disagreed  to. 

Mr.  Prim  moved  to  amend  Section  6,  by  striking  out  the  word 
"June,"  in  line  first,  and  insert  the  word  "Februar}',"  and  strike  out 
the  word  "July,"  in  line  third,  and  insert  the  word  "April." 

Mr.  White  moved  the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put?  pending 
which,  Mr.  Logan  moved  a  call  of  the  house ;  which  was  agreed  to. 

The  roll  being  called  through,  the  following  members  failed  to  answer 
to  their  names :  Messrs.  Applegate,  Bristow,  Campbell  of  Lane,  Chad- 
wick,  Elkins,  Kinney,  Lewis,  McBride,  Neweomb,  Olney,  Reed,  Shrum, 
Shattuck  and  Watts. 

On  motion  of  Mr.  Lovejoy,  the  further  call  of  the  house  was  dis- 
pensed with. 

The  question  recurring  upon  the  motion  of  Mr.  White,  to  put  the 
main  question  now,  which  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment  offered 
by  Mr.  Prim,  the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Bnrch,  Cox  of  Lane,  Chadwick,  Duncan,  Hender- 
shott,  Kelsey,  Marple,  Miller,  Meigs,  Prim,  Packwood  and  Wliitted 
—  12. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Brattain  of  Lane,  Bab- 
cock,  Boise,  Cox  of  Marion,  Crooks,  Coyle,  Campbell  of  Clackamas, 
Dryer,  Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult,  Kinney,  Lovejoy, 
Moores,  McCormick,  Nichols,  Olds,  Peebles,  Robbins.  Short,  Shannon, 
Smith,  Shields,  Scott,  Starkweather,  Waymire,  Williams,  White, 
Watkins  and  Mr.  President— 34. 

So  the  amendment  was  disagreed  to. 

On  motion  of  Mr.  Grover,  the  article  on  schedule  was  ordered  to  be 
engrossed  and  read  a  third  time  on  to-morrow. 

The  article  on  seat  of  government  was  read  a  third  time. 

The  yeas  and  nays  being  den)anded,  resulted  as  follows : 

Yeas — Messrs.  Brattain  of  Linn,  Babcock,  Boise,  Burch,  Cox  of 
Marion,  Crooks,  Coyle,  Campbell  of  Clackamas,  Chadwick.  Duncan, 
Elkins,  Fitzhugh,  Grover,  Hendersliott,  Kelly,  Lovejoy,  Marple,  Mil- 
ler, Moores,  Meigs,  Peebles,  Prim,  Robbins,  Shannon,  Smith,  Shields, 
Starkweather,  Waymire,  Williams,  Whitted  and  Mr.  President — 31. 

Nays — Messrs.  Anderson,  Brattain  of  Lane,  Cox  of  Lane,  Dryer, 
12 


86  CONSTITUTIONAL    CONVENTION. 

Farrar,  Hoult,  Kelsey,  Kinney,  L()o:an,  Matzger,  McCormick,  Nichols, 
OlcU,  Packwood,  Short,  Scott,  White  and  Watkins— 18. 

v^o  the  article  on  seat  of  o;overninent  was  passed. 

The  article  on  siiffrao;es  and  elections  was  read  a  third  time. 

Mr.  Prim  moved  to  refer  the  article  on  suffrages  and  elections  back 
to  the  committee  of  the  same,  with  instructions  to  report  a  section  pro- 
viding that  the  rounty  elections  be  held  on  a  diifercnt  day  from  the 
the  general  elections;  which  was  disagreed  to. 

Mr.  Farrar  moved  the  previous  question. 

The  question  being.  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  affirmative. 

The  question  recurring  upon  the  final  passage  of  the  article  on  suf- 
frages and  elections,  the  yeas  and  nays  being  demanded,  resulted  as 
follows : 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane.  Babcock, 
Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle  Cox  of  Lane,  Campbell  of 
Clackamas,  Chadvvick,  Duncan,  Elkins,  Fitzhugh,  Grover,  Hoult,  Kel- 
sey, Kelly,  Lovejoy,  Marple,  Miller,  Moores,  Matzger,  Meigs,  McCor- 
mick, Newcomb,  Peebles,  Robbins,  Short,  Shannon,  Siuith,  Shields, 
Scott,  Starkweather,  Waymire,  Williams,  White  and  Whitted — 39. 

Nays — Messrs.  Anderson,  Dryer,  Farrar,  Hendershott,  Kinney, 
Logan,  Nichols,  Olds,  Packwood,  Watkins  and  Mr.  President— 11. 

So  the  article  on  suffrages  and  elections  was  passed. 

On  motion  of  Mr.  Smith,  the  convention  took  a  recess. 


AFTERNOON  SESSION. 

2  o'clock  p.  m. 

Mr.  Dryer  offered  the  following  resolution,  which  was  adopted : 

Resolved,,  That  this  convention  shall  hold  evening  sessions,  com- 
mencing at  7  o'clock  p.  M.,  from  this  day  until  the  close  of  the  session. 

On  motion  of  Mr.  Peebles,  the  convention  resolved  itself  into  the 
committee  of  the  whole,  with  Mr.  Peebles  in  the  chair;  after  some 
time  spent  therein,  the  committee  rose  and  the  President  resumed  the 
chair,  and  the  chairman,  Mr.  Peebles,  reported  that  the  committee  hav- 
ing had  under  consideration  the  article  on  miscellaneous  provisions, 
report  the  same  back  with  sundry  amendments. 

Mr.  Peebles  moved  to  reconsider  the  vote  by  which  the  resolution  on 
holding  evening  sessions  was  passed  ;  which  was  agreed  to. 

On  motion,  the  convention  adjourned. 


CONSTITUTIONAL    CONVENTION.  87 

THURSDAY,  SEPTEMBER  17,    1857. 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

Tlie  roll  being  called,  all  the  members  present  except  Messrs.  Apple- 
gate,  Brattain  of  Linn,  Boise,  Cox  ofMarion,  Campl^ell  of  Lane,  Duncan, 
Kelsey,  Lewis,  Marple,  Meigs,  McBride,  Olney,  Peebles,  Packwood, 
Reed,  Robbing,  Shrum,  Shattuck,  Starkweather  and  Williams. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Lovejoy  reported  the  article  on  boundaries  as  truly  engrossed. 

Mr.  Grover  reported  tlie  article  on  schedule  as  truly  engrossed. 

Mr.  Bristow  offered  the  following  resolution,  which  was  adopted: 

Resolved.  That  ten  thousand  copies  of  the  enrolled  constitution  be 
ordered  printed,  and  that  the  secretary  be  requested  to  distribute  the 
same  among  the  voters  of  the  Territory  at  the  earliest  practicable  mo- 
ment. 

Mr.  Watkins  offered  the  following  resolution  : 

Resolved,  That  in  the  opinion  of  this  convention,  twelve  dollars  and 
fifty  cents  is  an  ample  salary  for  Governor,  provided,  that  after  the 
good  old  school  master  fashion,  he  boards  around  ai]d  that  the  com- 
mittee of  the  whole  be  instructed  so  to  report,  which  resolution  was  ile- 
cided  in  the  negative. 

The  article  on  miscellaneous  provisions  was  taken  up  on  second 
reading,  with  amendments  trom  committee  of  the  whole,  as  follows  : 

First  amendment — Section  5,  by  inserting  the  word  ''or"  before  the 
word  "inheritance,"  in  line  two,  and  strike  out  after  the  word  "inherit- 
ance" to  the  word  "shall;"  insert  before  the  word  "contracts,"  in  line 
three,  the  word  "or"  and  strike  out  the  words  "or  control." 

Second  amendment — Section  7,  by  inserting  after  the  word  "shall" 
in  line  tirst,  the  words  "directly  or  indirectly." 

Third  amendment — By  adding  a  new  section,  marked  Section  8,  as 
follows  :  Section  8.  No  chinaman  not  a  resident  of  this  State  at  the 
time  of  the  adoption  of  this  constitution,  shall  ever  hold  any  real  estate 
or  mining  claims,  or  work  any  mining  claims  therein ;  the  legislative 
assembl}^  shall  provide  by  law  in  the  most  effectual  manner,  for  carry- 
ing out  the  above  provisions. 

The  first  amendment  was  read  and  agreed  to. 

Mr.  Shannon  moved  to  reconsider  the  vote  just  taken,  which  was 
agreed  to. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Bristow,  Brattain  of  Lane,  Babcock,  Burch,  Crooks, 
Cox  of  Lane,  Chadwick,  Duncan,  Elkins,  Fitzhugh,  Farrar,  Grover, 
Hoult,  Kelsey,  Kelly,  Lovejoy,  Miller,  Moores.  Matzger,  McCormick, 


88  CONSTITUTIONAL    CONVENTION. 

Nichols,  Peebles,  Prira,  Short,  Shannon,  Scott,  Starkweather,  Wil- 
liams, White,  Watts,  Whitted  and  Mr.  President--32. 

Nays — Messrs.  Anderson,  Boise,  Coyle,  Campbell  of  Clackamas, 
Dryer,  Ilendershott,  Kinney,  Loi^an,  Newcomb,  Olds,  Smith,  Shields, 
Way  mi  re,  and  Watkins — 14. 

So  the  Jimendmetit  was  agreed  to. 

Second  amendment  was  read  and  agreed  to. 

Thii-d  amendment  was  read. 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Lane,  J3abcock,  Crooks,  Coyle,  Cox  of 
Lane,  Chadwiek,  Dryer,  Duncan,  Elkins,  Fitzhugh,  Farrar,  Grover, 
Hendershott,  Kelsey,  Kinney,  Kelly,  Miller,  Newcomb,  Peebles,  Prim, 
Shannon,  Smitli.  Shields,  Scott,  Williams,  White,  Watts,  Watkins, 
Whitted  and  Mr.  President— 30. 

Nays — -Messrs.  Anderson,  Bristow,  Boise,  Barch,  Campbell  of  Clacka- 
mas, Hoult,  Lovejo}',  Logan,  Moores,  Matzger,  McCormick,  Nichols, 
Olds,  Short,  Starkweather,  and  Waymire — 16. 

So  the  amendment  was  agreed  to. 

The  article  on  salaries  was  taken  up  on  second  reading. 

Mr.  Kelly  moved  to  fill  the  blank  in  first  line  with  the  words  "fif- 
teen hundred.'' 

Mr.  Whitted  moved  to  fill  the  same  blank  with  tlie  words  "  two  thou- 
sand," pending  which,  Mr.  Farrar  moved  the  previous  question  ;  the 
question  being,  Shall  the  main  question  be  now  put  ?  which  was  de- 
cided in  the  negative. 

Mr.  Smith  moved  the  previous  question  ;  the  question  being.  Shall  the 
main  question  be  now  put?  which  was  decided  in  the  atfirmative. 

The  question  recurring  upon  tilling  the  blank  in  tirst  line,  with  the 
words  "two  thousand,"  the  yeas  and  nays  being  demanded,  resulted  as 
follows : 

Yeas — Messrs.  Chadwiek,  Dryer,  Hendershott,  Kelly,  Marple,  New- 
comb, Peebles,  Prim,  Shannon,  Watkins,  Whitted  and  Mr.  President 
—12. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow.  Brattain  of 
Lane,  Babcock,  Boise,  Burch,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of 
Clackamas,  Duncan,  Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult,  Kelsey, 
Kinney,  Lovejoy,  Logan,  Miller,  Moores,  Matzger,  McCormick,  Niciiols, 
Olds,  Packwood,  Robbins,  Short,  Smith,  Shields,  Scott,  Starkweather, 
Waymire,  Williams,  White  and  Watts — 30. 

So  the  motion  to  fill  the  blank  with  the  words  "two  thousand,"  was 
not  agreed  to. 

The  question  then  recurred  upon  the  motion  to  fill  the  blank  in  first 
line  with  the  words  "fifteen  hundred." 

The  yeas  ?nd  nays  being  demanded,  resnlted  as  follows: 

Yeas — Messrs.  Bristow,  Babcock,  Boise,  Cox  of  Lane,  Campbell  of 


CONSTITUTIONAL    CONVENTION.  89 

Clackamas,  Chadwick,  Dryer,  Duncan,  Fitzhuojb,  Grover,  Iloult, 
Hendershott,  Kclsey,  Kelly,  L»ovejoy,  Mari)le,  Moores,  McConnick, 
Newcoinb,  Peebles,  Prim,  Shannon,  Smith,  Waymire,  Williams,  Watts. 
Watkins,  Whitted  and  Mr.  President— 29. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Brattain  of  Lane,  Burch, 
Crooks,  Coyle,  Elkins,  Farrar,  Kinney,  Logan,  Miller,  Matzger,  Nichols, 
Olds,  Packwood,  Robbins,  Short,  Shields,  Scott,  Starkweather  and 
White— 21. 

So  the  motion  to  fill  the  blank  with  the  words  "fifteen  hundred," 
was  agreed  to. 

Mr.  Drj^er  moved  to  fill  the  second  blank  in  second  line  with  the 
words  "eighteen  hundred. 

Mr.  Bristow  moved  to  fill  the  same  blank,  with  the  words  "fifteen 
hundred." 

The  question  was  then  taken  upon  the  motion  to  fill  the  blank  in 
second  line,  with  the  words  "eighteen  hundred." 

The  3'eas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Babcock,  Dryer,  Hendershott,  Kelly,  Marple,  New- 
comb,  Prim,  Williams,  Watkins,  Whitted  and  Mr.  President — 11. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Boise,  Burch.  Ciooks,  Coyle,  Cox  of  Lane,  Chadwick,  Duncan, 
Elkins,  Fitzhugh,  Farrar,  Grover,  Hoult,  Kelsey,  Kinney,  Lovejoy, 
Logan,  Miller,  Moores,  Matzger,  McCormick,  Nichols,  Olds,  Peebles, 
Packwood,  Robbins,  Short,  Shannon,  Smith,  Shields,  Scott,  Stark- 
weather, Waymire,  White  and  Watts — 38. 

So  the  motion  to  fill  the  blank  with  the  words  "eighteen  hundred," 
was  not  agreed  to. 

The  question  was  then  taken  upon  the  motion  to  fill  the  blank  in 
second  line  with  the  words  "fifteen  hundred." 

The  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Dabcock,  Boise,  Cox  of  Lane,  Campbell  of  Clackamas, 
Chadwick,  Dryer,  Duncan,  Elkins,  Llendershott,  Kelsey.  Kelly,  ]\Iar- 
ple,  Moores,  Matzger,  McCormick,  Nichols.  Newcomb,  Peebles,  Prim, 
Shannon,  Waymire,  Williams,  Watts,  Watkins,  Whitted  and  Mr. 
President — 26. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Burch,  Crooks,  Coyle,  Fitzhugh,  Farrar,  Grover,  Iloult,  Kinney, 
Lovejoy,  Logan,  Miller,  Olds,  Packwood,  Robbins,  Short,  Smith, 
Shields,  Scott,  Starkweather  and  White — 24. 

So  the  motion  to  fill  the  blank  with  the  words  "fifteen  hundred," 
was  agreed  to. 

The  question  being  on  filling  the  blaiik  in  third  line, 

Mr.  Whitted  moved  to  fill  it  with  the  words,  "twelve  hundred." 

Mr.  Marple  moved  to  fill  it  with  the  words,  "one  thousand." 

Mr. moved  to  fill  it  with  the  words,  "eight  hundred." 


90  CONSTITUTIONAL    CONVENTION. 

The  question  was  then  taken  upon  the  motion  to  lill  the  blank  with 
the  words,  "  twelve  hundred." 

The  yeas  and  nays  beinjr  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Chadwick,  Kelsey,  Marple,  Newcomb,  Shannon, 
Whitted  and  Mr.  President— 7. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of  Lane, 
Babcock,  Boise,  Biirch,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clack- 
amas, Duncan,  Elkins,  Fitzhu<j;h,  Farrai',  Grover,  Honlt,  Hendershott, 
Kinney,  Kelly,  Lovejoy,  Logan,  Miller,  Moores,  Matzger,  McCormick, 
Nichols,  Olds,  Peebles,  Prim,  Packwood,  Kobbins,  Short,  Smith, 
Shields,  Scott,  Starkweather,  Waymire,  Williams,  White,  Watts  and 
Watkins— 42. 

So  the  motion  to  fill  the  blank  with  the  words  "twelve  hundred" 
was  not  agreed  to. 

The  question  was  then  taken  upon  the  motion  to  till  the  blank  with 
the  words  "one  thousand." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas— Messrs.  Babcock,  Boise,  Chadwick,  Duncan,  Marple,  Nichols, 
Prim,  Shannon,  Whitted  and  Mr.  President — 10. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Burch,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clackamas, 
Elkins,  Fitzhugh,  Farrier,  Grover,  Moult,  Hendershott,  Kelsey,  Kinney, 
Kelly,  Lovejoy,  Logan,  Miller,  Moores,  Matzger,  McCormick,  Nichols, 
Olds,  Peebles,  Packwood,  Robbins,  Short,  Smith,  Shields,  Scott,  Stark- 
weather, Waymire,  Williams,  White  and  Watts — 38. 

So  the  motion  to  fill  the  blank  with  the  words  "one  thousand"  was 
not  agreed  to. 

The  question  was  then  upon  the  motion  to  fill  the  blank  with  the 
words  "eight  hundred." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Lane,  Babcock,  Boise,  Cox  of  Lane,  Camp- 
bell of  Clackamas,  Chadwick,  Duncan,  Fitzhugh,  Grover,  lloult,  Hen- 
dershott, Kelsey,  Kelly,  Marple,  Peebles,  Prim,  Short,  Shannon,  Smith, 
Starkweather,  White,  Watts,  Whitted  and  Mr.  President — 24. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Burch,  Crooks, 
Coyle,  Elkins,  Farrar,  Kinney,  Lovejoy,  Logan,  Miller,  Moores,  Matz- 
ger, McCormick,  Nichols,  Olds,  Packwood,  Robbins;  Shields,  S(;ott, 
Waymire  and  Williams — 23. 

So  the  motion  to  fill  the  blank  with  the  words  "eight  hundred"  was 
agreed  to. 

The  question  being  upon  filling  the  blank  in  the  fourth  line. 

Mr.  Whitted  moved  to  fill  the  blank  with  the  words  "three  thousand." 

Mr.  Chadwick  moved  to  fill  the  blank  with  the  words  "twenty-five 
hundred." 

Mr.  Matzser  moved  to  fill  the  blank  with  the  words  "two  thousand." 


CONSTITUTIONAL    CONVENTION.  91 

Pending  which,  Mr.  Watkins  moved  a  call  of  the  house  ;  which  was 
a2;reed  to. 

The  roll  beingi;  called  through,  the  following  members  failed  to  an- 
swer to  their  names :  Messrs.  Applegate,  Campbell  of  Lane,  Kelsey, 
Lewis,  Meigs,  McBride,  Newcoinb,  Olney,  Peebles,  Reed,  Smith,  Shrum, 
Shattuck  and  White. 

On  motion  of  Mr.  Watkins,  the  further  call  of  the  house  was  dis- 
pensed with. 

Mr.  Chadwick  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put  \  which 
was  decided  in  the  athrmative. 

The  question  was  then  taken  upon  the  motion  to  1111  the  blank  with 
the  words  "three  thousand." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Hendershott,  Marple,  Shannon  and  Whitted — -1. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Babcock,  Boise,  Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of 
Lane,  Campbell  of  Clackamas,  Chadwick,  Dryer,  Duncan,  Elkins, 
Fitzhngh,  Farrar,  Grover,  Hoult,  Kelsey,  Kinney,  Kelly,  Lovejoy, 
Logan,  Miller,  Moores,  Matzger,  McCormick,  Nichols,  Newcomb,  Olds, 
Peebles,  Prim,  Packwood,  Robbins,  Short,  Smith,  Shields,  Scott, 
Starkweather,  Waymire,  Williams,  White,  Watts,  Watkins  and  Mr, 
President — 47. 

So  the  motion  to  fill  the  blank  with  the  words  ''three  thousand"  was 
not  agreed  to. 

The  question  being  upon  the  motion  to  fill  the  blank  witii  the  words 
"twenty-five  hundred,"  the  yeas  and  nays  being  demanded,  resulted  as 
follows : 

Yeas — Messrs.  Babcock,  Boise,  Chadwick,  Dryer,  Kelly,  Lovejoy, 
Marple,  Prim,  Shannon,  Watkins,  Whitted  and  Mr.  President — 12. 

Nays — Messrs.  Anderson,  Brattain  of  Linn,  Brattain  of  Lane,  Burch, 
Cox  of  Marion,  Crooks,  Co3'le,  Cox  of  Lane,  Campbell  of  Clackamas, 
Duncan,  Elkins,  Fitzhngh,  Farrar,  Grover,  Hoult,  Hendershott,  Kin- 
ney, Logan,  Miller,  Moores,  Matzger,  McCormick,  Nichols,  Newcomb, 
Olds,  Peel)les,  Packwood,  Robbins,  Short,  Smith,  Shields,  Scott.  Stark- 
weather, Waymire,  Williams,  White  and  Watts— 37. 

So  the  motion  to  fill  the  blank  with  the  words  "twenty-five  hun- 
dred" was  not  agreed  to. 

The  question  being  upon  the  motion  to  fill  the  blank  with  the  words 
"two  thousand,"  the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock, Boise,  Burch,  Cox  of  Marion,  Cox  of  Lane,  Campbell  of  Clacka- 
mas, Chadwick,  Dryer,  Duncan,  Elkins,  Fitztiugh,  Grover,  Hoult, 
Hendershott,  Kelly,  Lovejoy,  Marple,  Moores,  Matzger,  McCormick, 


92  CONSTITUTIONAL    CONVENTION. 

Nichols,  Newcomh,  Peebles,  Prim,  Shannon,  Smith,  Waymire,  Wil- 
liams, Watts,  Watkiiis.  W bitted  and  Mr.  President— 35. 

Nays — Messrs.  Anderson,  Crooks,  Coyle,  Farrar,  Kinney,  Lo2;an, 
Miller,  Olds,  Packwood,  Kobbins,  Short,  Shields,  Scott,  Starkweather 
and  White — 15. 

So  the  motion  to  till  the  blank  with  the  words  "two  thousand"  was 
agreed  to. 

The  question  beino;  ujion  tillino^  the  blank  in  the  sixth  line,  Mr. 
Marple  moved  to  fill  the  blank  with  the  word  "ten." 

Mr.  Burch  moved  to  till  the  blank  with  the  word  "six." 

The  question  beinjij  upon  the  motion  to  till  the  blank  with  the  word 
"ten,"  the  yeas  and  nays  beinsj  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Duncan,  Farrar, 
Marple,  Matzger,  Nichols,  Newcomb,  Olds,  White  and  Watkins — 11. 

jSIays — Messrs.  Anderson,  Bristow,  Babcock,  Boise,  Burch,  Cox  of 
Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clackamas,  Chad- 
wick,  Dryer,  Elkins,  Fitzhugh,  Grover,  Iloulr,  Hendershott,  Kinney, 
Kelly,  Lovejoy,  Miller,  Moores,  McCormick,  Peebles,  Prim,  Packwood, 
Robbins,  Short,  Shannon,  Smith,  Shields,  Scott,  Starkweather,  Way- 
mire, Williams,  Watts,  Whitted  and  Mr.  President — 38. 

So  the  motion  to  fill  the  blank  with  the  word  "ten"  was  not  agreed  to. 

The  question  being  upon  the  motion  to  fill  the  blank  with  the  word 
"six,"  the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane.  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Cox  of  Lane,  Campbell  of  Clackamas, 
Chadwick,  Duncan,  Elkins,  Fitzhugh,  Grover,  Hoult,  Kelly,  Lovejoy, 
Miller,  Moores,  Matzger,  McCormick,  Nichols,  Newcomb,  Peebles, 
Prim,  Shannon,  Smith,  Shields,  Williams,  Whitted  and  Mr.  Presi- 
dent— 61. 

Nays — Meesrs.  Anderson,  Babcock,  Coyle,  .Dryer,  Farrar,  Plender- 
shott,  Kinney,  Marple,  Olds,  Packwood,  Bobbins,  Short,  Scott,  Stark- 
weather, Waymire,  White,  Watts  and  Watkins — 18. 

So  the  motion  to  till  the  blank  with  the  word  "six"  was  agreed  to. 

Mr.  Peebles  moved  to  amend  Section  1,  on  salaries,  by  adding  to 
the  end  of  the  section  as  follows: 

Provided,  further.  That  the  salaries  of  the  judges  shall  not  be  sub- 
ject to  increase,  and  the  salaries  of  the  Governor  and  Secretary  shall 
never  exceed  two  thousand  dollars,  nor  thrjt  of  the  Treasurer  exceed 
twelve  hundred  dollars. 

Pending  which,  Mr.  Chadwi(;k  moved  the  previous  question. 

The  question  being,  Shall  the  main  question  be  now  put  ?  which 
was  decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs.    Brattain  of  Linn,    Cox   of  Marion,    Coyle,   Dryer, 


COKSTITUTIONAL    CONVENTION.  93 

Elkins,  Grover,  Hendershott,  Matzsrer,  McCormick,  Nichols,  Peebles, 
Robbins,  Shannon,  White  and  Watkins — 15. 

Nays — Messrs.  Anderson,  Bristow,  Brattain  of  Lane,  Babcock,  Boise, 
Burch,  Crooks,  Cox  of  Lane,  Campbell  of  Clackamas,  Chadwick,  Dun- 
can, Fitzhuojh,  Farrar,  Ilonlt,  Kelsey,  Kinney,  Kelly,  Lovejoy,  Marple, 
Miller,  Moores,  Newcomh,  Olds,  Prim,  Packwood.  Short,  Smith, 
Shields,  Scott,  Starkweather,  Waymire,  Williams,  Watts,  Whitted 
and  Mr.  President — 35. 

So  the  amendment  was  not  ag^reed  to. 

Mr.  Farrar  moved  to  amend  Section  1,  on  salaries,  by  inserting  after 
the  word  "diminished,"  in  seventh  line,  the  words  "or  increased." 

The  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Burch,  Cox  of  Marion,  Crooks,  Coyle.  Cox  of  Lane.  Chadwick, 
Dur.can,  Elkins,  Fitzhugh,  Farrar,  Grover,  Honlt,  Kelsey,  Kelly,  Mar- 
ple, Moores,  Matzger,  McCormick,  Nichols,  Olds,  Prim,  Packwood, 
Short,  Shannon,  Smith,  Shields,  Scott,  Williams.  White,  Watts,  Wat- 
kins  and  Mr.  President — 36. 

Nays — Messrs.  Campbell  of  Clackamas,  Dryer,  Hendershott,  Kinney, 
Newcomb,  Peebles,  Starkweather,  Waymire  and  Whitted — 9. 

So  the  amendment  was  agreed  to. 
'      Mr.  Bristow  moved  to  amend  Section  6,  on  miscellaneous,  by  adding 
to  end  of  Section  6,  as  follows:     *'Nor  shall  any  county  when  divided, 
be  so  divided   that  the  lines  will   run  nearer  than  fifteen   miles  of  the 
county  seat  of  such  county;"  which  was  disagreed  to. 

Mr.  Short  moved  to  amend  Section  6,  on  tniscellaneous,  by  inserting 
after  the  word  "area,"  in  second  line,  the  words  ''than  three  hundred 
square  miles;"  which  was  disagreed  to. 

Mr.  AVilliams  moved  to  amend  Section  1,  on  salaries,  at  the  end  of 
the  section  add  the  words  "But  the  compensation  of  officers,  if  not  fixed 
by  this  constitution,  shall  be  as  prescribed  by  law ;"  which  was 
agreed  to, 

Mr.  Packwood  moved  to  amend  Section  1,  on  salaries,  bv  striking 
out  all  after  the  word  "offices,"  in  fifth  line,  and  insert  the  wortls  "nor 
shall  the  pay  of  any  officer  in  this  State  be  diminished  or  increased, 
except  as  provided  for  in  the  first  section  for  the  making  of  amend- 
ments to  this  constitution  ;"  which  was  disagreed  to. 

Mr.  Olds  moved  to  amend  Section  1,  on  salaries,  by  inserting  after 
the  word  "dollars,"  in  foui'th  line,  the  words  "The  county  judge  of 
each  county  of  this  State  shall  receive  a  salary  of  five  hundred  dollars, 
to  be  paid  out  of  the  State  treasury  ;"  which  was  disagreed  to. 

Mr.  Dryer  moved  to  amend  Section  6,  on  miscellaneous,  by  adding 
at  the  end  of  the  section  the  words,  "nor  with  a  less  population  than 
twelve  huTidred  ;"  which  was  agreed  to. 

Mr.  Sunth  moved  to  amend  Section  1,  on  amendments,  in  line  seven, 
13 


94  CONSTITUTIONAL    CC3NVENTI0N. 

after  the  word  "State"  tlie  words  "And  cause  tlie  same  to  be  pub- 
lished for  at  least  four  consecutive  weeks  in  the  several  newspapers 
published  in  this  State;"  which  was  agreed  to. 

Mr.  Peebles  moved  to  amend  Section  1,  on  salaries,  by  striking  out 
all  after  the  word  "offices"  in  fifth  line,  to  and  including  the  word  "con- 
stitution," in  seventh  line. 

Mr.  Bristow  moved  to  amend  the  amendment,  by  striking  out  all 
from  and  including  tlie  word  "provided,"  wliich  was  accepted  by  the 
mover  of  the  original  motion. 

The  question  recurring  upon  the  adoption  of  the  amendment,  the 
yeas  and  nays  being  demanded,  resulted  of  follows: 

Yeas — Messrs.  Anderson,  Brattain  of  Linn,  Bristow,  Brattain  of 
Lane,  Burch,  Coyle,  Campbell  of  Clackamas.  Grover,  Hoult,  Hender- 
shott,  Logan,  Miller,  Moores,  Matzger,  Nichols,  Peebles,  Packwood, 
Shannon,  Shields,  Scott,  Waytnireand  White — 22. 

Nays — Messrs.  Babcock,  Boise,  Cox  of  Marion,  Crooks,  Cox  of  Lane, 
Chadwick,  Dryer,  Duncan,  Fitzhugh,  Kelly,  Lovejoy,  McCormick, 
Newcomb,  Olds,  Short,  Starkweather,  Williams,  Watkins  and  Mr. 
President — 19. 

So  the  amendment,  was  adopted. 

Mr,  Grover  moved  that  the  article  on  miscellaneous  provisions  be  or- 
dered engrossed  and  read  a  third  time  to-day,  which  was  agreed  to. 

On  motion,  the  convention  took  a  recess. 


AFTERNOON   SESSION. 

2  o'clock  p.  m. 

The  article  on  boundaries  was  read  a  third  time  ;  pending  wliich,  Mr, 
Fan  ar  moved  the  previous  question.  The  question  being,  Shall  the  main 
question  be  now  put  ?  which  was  decided  in  the  affirmative. 

The  question  recurring  upon  the  final  passage  of  the  article  on  bound- 
aries, the  yeas  and  nays  being  demanded,  resulted  as  follows  : 

Yeas — Messrs,  Brattain  of  L'nn,  Bristow,  Brattain  of  Lane,  Bab- 
cock, Boise,  Burch,  Cox  of  Marion,  Crooks,  Cox  of  Lane,  Campbell  of 
Clackamas,  Chadwick,  Duncan,  Elkins,  Fitzhugh,  Farrar,  Grover, 
Hoult,  Hendershott,  Kelsey,  Kinney,  Kelly,  Lovejoy,  Miller,-  Moores, 
Matzger,  McCormick,  Nichols,  Newcomb,  Olds,  Peebles,  Prim,  Rob- 
bins,  Shannon,  Smith,  Shields,  Scott,  Waymire,  Williams,  White, 
Watts,  W bitted  and  Mr.  President— 42. 

Nays — Messrs.  Anderson,  Logan,  and  Short — 3. 

So  the  article  on  boundaries  was  passed. 

The  article  on  schedule  was  read  a  third  time;  pending  which,  Mr. 


CONSTITUTIONAL   CONVENTION.  95 

Cox  of  Lane,  moved  the  previous  question.  The  question  bein^,  Shall 
the  main  question  be  now  put?  which  was  decided  in   the  affirmative. 

The  question  recurrino;  upon  the  final  passao^e  of  the  article  on  sche- 
dule, the  yeas  and  nays  beinc;  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,  Brattain  of  Lane,  Babeock,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clacka- 
mas, Chadwick,  Duncan,  Elkins,  Fitzliuijh,  Grover,  Hoult,  Kelsey,  Kel- 
ly, Lovejoy,  Miller,  Moores,  Matzger,  McCormick,  Newcomb,  Peebles, 
Prim,  Robbius,  Shannon,  Smith,  Shields,  Scott,  Starkweather,  Way- 
mire,   Williams,  Whitted  and  Mr.  President — 36. 

Nays — Messrs.  Anderson,  Dryer,  Farrar,  Hendershott,  Kinney, 
Loojan,  Nichols,  Olds,  Packwood,  Short,  White,  Watts  and  Watkins 
—  13. 

So  the  article  on  schedule,  was  passed. 

Mr.  Boise  reported  the  article  on  miscellaneous  provisions  as  truly 
engrossed. 

The  article  on  miscellaneous  provisions  was  read  a  third  time. 

The  yeas  and  nays  beini;  demanded,  resulted  as  follows  : 

Yeas — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Bab- 
cock.  Boise.  Burch,  Cox  of  Marion.  Campliell  of  Clackamas, 
Chadwick,  Duncan,  Elkins,  Fitzhuojh.  Grover,  Hoult,  Ilendershott, 
Kelsey,  Kinney,  Kelly,  Lovejoy,  Moores,  McCormick,  Newcomb, 
Peebles,  Prim,  Robbins,  Shannon,  Smith,  Way  mire,  Willliams,  Whit- 
ted and  Mr.  President — 3L 

Nays — Messrs.  xlnderson.  Crooks,  Coyle.  Cox  of  Lane,  Dryer,  Miller, 
Matzger,  Nichols,  Olds,  Packwood,  Short,  Shields,  Scott,  Starkweather, 
Watts  and  Watkins— 16. 

So  the  Article  on  miscellaneous  provisions  was  passed. 

Mr.  Smith  moved  to  take  from  the  table  the  resolution  in  regard  to 
voting,  which  was  disagreed  to. 

Mr.  Kelly  moved  to  adjourn,  which  was  disagreed  to. 

Mr.  Logan  moved  to  take  from  the  tal)le  the  resolution  in  roirard  to 
paying  the  delegates  of  this  convention;  pending  which,  Mr.  Williams 
moved  the  previous  question.  The  question  being.  Shall  the  main  ques- 
tion be  now  put?  which  was  decided  in  the  attirmative. 

The  question  recurring  upon  the  motion  of  Mr.  Logan,  the  yeas  and 
nays  being  demanded,  resulted  as  follows: 

Yens — Messrs.  Anderson,  Dryer,  Duncan,  Fan-ar.  Hoult,  Hender- 
shott, Kelly,  Logan,  Matzger,  Nicliols,  Newcomb,  Olds,  Prim,  Short, 
Shannon,  Smith,  Scott,  Starkweather,  Waymire,  White,  Watts,  Whit- 
ted and  Mr.  President— 23. 

Nays — Messrs.  Brattain  of  Linn,  Bristow,  Brattain  of  Lane,  Babeock, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clacka- 
mas, Chadwick,  Elkins.    Fitzhugh,    Grover,  Kelsey,   Kelly,  Lovejoy, 


96  CONSTITUTIONAL    CONVENTION. 


Miller,  Moores,  McCormick,  Peebles,  Packwood,  Robbins,  Shields, 
Williams  and  Watkins— 26. 

S<i  the  motion  was  not  agreed  to. 

Mr.  Smith  offered  the  tbllowino;  resolutions,  M'hich  was  adopted  : 

Resolved,  That  all  laws  oi'  the  State  ot"  Oregon,  and  all  official  writ- 
ings, and  executive,  legislative  and  judicial  proceedings,  shall  be  con- 
ducted, preserved  and  published  in  no  other  than  the  Entrlish  language. 

Resolved^  That  it  shall  be  the  duty  of  the  President  of  this  conven- 
tion, immediately  on  its  adjournment,  to  certify  to  the  Governor  a 
copy  of  the  bill  of  rigiits  and  constitution  adopted,  together  with  this 
schedule. 

Resolved,  That  this  constitution  shall  be  enrolled  on  parcliment, 
deposited  in  the  Seci'etary's  office,  and  be  the  supreme  law  of  the 
State,  and  printed  copies  thereof  shall  be  prefixed  to  the  books  con- 
taining the  laws  of  this  State. 

Resolved,  That  we  the  representatives  of  the  freemen  of  Oregon,  in 
convention  assembled,  in  their  name,  and  by  their  authority,  and  in 
virtue  of  the  powers  vested  in  us  as  delegates  from  the  counties  re- 
spective!y  affixed  to  our  names,  do  ordain  and  proclaim  the  foregoing 
to  be  the  constitution  of  the  State  ot  Oregon,  from  and  after  its  ratifi- 
cation by  the  people. 

Done  in  convention    at  Salem,  the day  of  September,    in   the 

year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven,  and  of 
the  Independence  of  the  United  States  tiie  eighty-second. 

Mr.  Dryer  offered  the  following  resolution,  which  was  adopted  : 

Resolved,  That  the  constitution  be  published  in  the  several  news- 
papers in  the  Territory  of  Oregon  for  the  term  of  one  month,  and  shall 
be  paid  for  as  other  public  printing. 

Mr.  Dryer  moved  tu  reconsider  the  vote  by  which  the  resolution  in 
regard  to  printing  ten  thousand  copies  of  the  constitution  was  passed  ; 
which  was  agreed  to. 

Mr.  Smith  moved  to  amend  the  resolution  by  striking  out  the  words 
"ten  thousand,"  and  insert  the  words  "five  thousand  ;"  which  was 
agreed  to. 

Mr.  Bristow  offered  the  following  resolutions,  which  were  adopted : 

Resolved,  That  the  thanks  of  this  body  be  presented  to  the  Hon.  M. 
P.  Deady,  President  of  the  convention,  for  the  able,  impartial  and  dig- 
nified manner  in  which  he  has  discharged  the  duties  of  presiding  officer. 

Resolved,  That  the  thanks  of  the  convention  be  tendered  to  the 
Secretaries,  Ser<]:eant-at-Arms  and  Door-keeper,  for  the  faithful  manner 
in  which  they  have  discharged  the  duties  appertaining  to  their  respect- 
ive offices. 

Mr.  Chad  wick  offered  the  following  resolution  : 


CONSTITUTIONAL    CONVENTION.  97. 

Resolved^  That  a  corntnittee  of  three  be  appointed  to  report  a  proper 
device  for  the  seal  of  the  State  of  Oregon  ;  which  was  disagreed  to. 
On  motion  of  Mr.  Lovejoy,  the  convention  Hdjourned. 


miDAY,  SEPTEMBEK  18,  1857. 

t 

8  o'clock  a.  m. 

The  convention  met  pursuant  to  adjournment. 

The  roll  being;  called,  all  the  members  present  except  Messrs.  Ap- 
plegate,  Bristow,  Campbell  of  Lane.  Lewis,  Marple,  Meigs,  McBride, 
Olney,  Reed,  Bobbins,  Shrum  and  Shattnck. 

The  journal  of  yesterday  w'as  read  and  approved. 

Mr.  Watkins  asked  leave  to  have  erased  from  the  journal  of  yesterday 
the  resohition  introduced  by  him  in  regard  to  salary  of  Governor ; 
which  was  not  agreed  to. 

Mr.  McCormick,  fruin  Committee  on  Expenses,  made  a  report,  which 
was  read,  and  on  motion  of  Mr.  Hoult,  the  report  was  adopted. 

Mr.  Sliort  otfei'ed  the  following  i-esolutions : 

Resolved^  That  the  Secretary  oi  this  convention  and  the  Secretary 
of  the  Territory  be  empowered  to  examine  and  pass  on  all  such  ac- 
counts as  may  not  yet  have  been  rendered,  (including  the  time  and 
mileage  of  the  delegates,)  the  same  to  be  approved  by  the  President  of 
the  convention. 

Resolved,  That  each  delegate  is  hereby  requested  to  furnish  the  Sec- 
retary of  this  convention  with  their  names  and  the  number  of  miles 
from  the  seat  of  government  to  their  residence. 

Resolved,  That  the  Secretary  of  this  convention  is  hereby  required 
to  send  an  equal  proportion  of  the  printed  copies  of  the  constitution  to 
the  respective  delegates  and  postmasters  of  each  county. 

Mr.  Smith  moved  to  amend  the  third  resolution  by  inserting  the 
word  "auditors"  after  the  word  "postmasters  ;"'  which  amendment  was 
agreed  to. 

The  resolutions  as  amended  were  adopted. 

Mr.  Waymire  moved  to  reconsider  the  vote  by  which  the  resolution 
in  relation  to  publishing  tlie  constitution  in  the  newspajiers  was  passed; 
which  was  agreed  to. 

Mr.  Dryer,  the  mover  of  the  resolution,  withdrew  the  same. 

Mr.  McCormick  offered  the  following  resolution  : 

Resolved^  That  the  several  papers  in  the  Territory  be  requested  to 
insert  the  constitution  in  their  papers  once,  provided  the  cost  thereof 
does  not  exceed  fifty  dollars  for  each  paper. 

Mr.  Lovejoy   moved  to  amend  the  resolution   by  striking  out  the 


98  CONSTITUTIONAL    CONVENTION. 

word  "fifty"  and  insert  the  word  "sixty  ;"  which  was  withdrawn  by  the 
mover. 

Mr.  Grover  moved  to  amend  by  adding  to  said  resohition  the  words: 
^'Provided,  further^  That  such  papers  so  pubh'shing  the  constitution 
shall  publish  the  same  entire  in  one  issue,  either  in  supplement  or 
otherwise ;  which  was  a<^reed  to. 

The  question  l)einoj  upon  the  adoption  of  the  resolution  as  amended, 
Mr.  Prim  moved  the  previous  question. 

The  question* being,  Shall  the  main  question  be  now  put?  which  was 
decided  in  the  affirmative. 

The  question  recurring  upon  the  adoption  of  the  resolution  as 
amended  ;  which  was  agreed  to. 

Mr.  Burch  moved  to  reconsider  the  vote  by  which  the  resolution  in 
regard  to  appointing  a  committee  to  report  a  device  for  a  seal  for  the 
State  of  Oregon  was  disagreed  to ;  which  motion  was  agreed  to. 

The  question  being  upon  the  adoption  of  the  resolution  in  regard  to 
a  device  for  a  seal,  which  was  agreed  to. 

The  President  appointed  as  a  committee  on  device  of  seal,  Messrs. 
Burch,  Kelly  and  Grover. 

Mr.  Grover  moved  to  suspend  the  rules,  so  that  the  special  commit- 
tee on  enrolling  the  constitution  might  report ;  which  was  agreed  to. 

The  special  committee  on  enrolling  and  arranging  the  constitution 
made  the  following  report,  which  was  adopted  : 

The  committee  on  the  enrollment  and  arrangement  of  the  constitu- 
tion beg  leave  to  report  that  they  have  had  the  subject  referred  to  them 
under  consideration  ;  that  they  procured  the  assistance  of  W.  W.  Page, 
Esq.,  in  enrolling  the  constitution  ;  that  the  same  is  truly  enrolled. 

They  recommend  that  the  several  articles  thereof  be  arranged  in  the 
following  order : 

1st.     Preamble  and  Bill  of  Rights. 
2nd.     Suffi-ages  and  Elections. 
3rd.     Distribution  of  Powers. 
4th.     Legislative  Depai-tment. 
5th.     Executive  Department. 
6th.     Administrative  Department. 
7th.     Judicial  Department. 
Sth.     Education  and  Schools. 
9th.     Finance. 
10th.     Militia. 

11th.     Corporations  and  Internal  Improvements. 
12th.     State  Printer. 
13th.     Salaries. 
14th.     Seat  of  Government. 
15th.     Miscellaneous. 
16th.     Boundaries. 


CONSTITUTIONAL    CONVENTION.  99 


17th.     Amendments. 
18th.     Schedule. 

Your  committee  further  recommend  that  the  constitution  thus  en- 
rolled be  adopted,  and  be  authenticated  by  the  signatures  of  the  Presi- 
dent and  Secretary  and  of  the  members  present,  and  that  tlie  roll  of 
the  constitution  be  kept  open  for  the  signatures  of  all  absent  members, 
who  may  append  their  names  at  any  time  hereafter. 
All  of  which  is  respectfully  submitted, 

L.  F.  GROVER, 

Chairman. 

Mr.  Smith  moved  that  the  reading  of  the  constitution  as  reported  by 
the  committee  as  truly  enrolled  be  dispensed  with;  which  was  agreed  to. 

Mr.  Grover  moved  to  adopt  the  constitution  as  enrolled. 

Pending  which,  Mr.  Cox  of  Lane  moved  the  previous  question. 

The  question  being,  Shall  tiie  main  question  be  now  put?  which  was 
agreed  to. 

The  question  recurring  upon  the  motion  to  adopt  the  constitution  as 
enrolled,  the  yeas  and  nays  being  demanded,  resulted  as  follows: 

Yeas — Messrs.  Brattain  of  Linn,Brattain  of  Lane.  Babcock,  Boise, 
Burch,  Cox  of  Marion,  Crooks,  Coyle,  Cox  of  Lane,  Campbell  of  Clack- 
amas, Duncan,  Elkins,  Fitzhngh,  Grover,  Hoult,  Kelsey,  Kelly,  Lovejoy, 
Marple,  Miller,  Moores,  Matzger,  McCormick,  Newcomb,  Peebles, 
Packwood,  Robbins,  Shannon,  Smith,  Shields,  Starkweather,  Waymire, 
Williams,  Whitted  and  Mr.  President — 35. 

Nays — Messrs.  Anderson,  Di'yer,  Farrar,  Elendershott,  Kinney, 
Logan,  Olds,  White,  Watts  and  Watkins— 10. 

So  the  constitution  as  enrolled  was  passed. 

On  motion,  the  convention  took  a  recess. 


AFTERNOON   SESSION. 

2  o'clock  f.  m. 

The  select  committee  appointed  to  report  a  device  for  a  seal  made 
the  following  report : 

The  select  committee  of  three  appointed  to  report  a  |>ro])er  device 
for  the  seal  of  the  State  of  Oregon,  beg  leave  to  report  that  having  had 
the  subject  under  consideration,  tliey  recommend  the  adoption  of  a 
device  submitted  to  them  by  Harvey  Gordon,  Esq.,  herewitii  accom- 
panying and  described  as  follows: 

An  escutcheon,  by  thirty-two  stars,  and  divided  by  an  ordinary  with 
the  inscription,  "The  Union."  In  chief,  mountains,  a  wagon,  the  Pacific 
Ocean,  on  which  a  British  man-of-war  departing,  an  American  steamer 


100  COKSTITUTIONAL    CONVENTION. 

arriving,  (representing  the  early  settlements  and  the  cessation  of  the 
joint  occupancy  of  the  country  bj'  Great  Britain  and  the  United  States). 
The  second  quartering  in  gold,  witii  a  sheaf,  a  plough  and  a  ])ick-axe, 
(denoting  the  pursuits  of  husbandry  and  mining).  Crest:  the  American 
eagle;  legend,  "State  of  Oregon." 

To  Mr.  Gordon's  coi)y,  your  committee  recommend  to  be  added  to 
the  mountain  scenery,  an  elk  with  haunching  antlers,  indicating  that 
our  mountains  are  alive  with  noble  game. 

Ilespectfully  submitted, 

BENJ.  F.  BURCH, 
L.  F.  GROYER, 
JAMES  K.  KELLY, 

Comnnittee. 

On  motion  of  Mr.  Dryer,  the  report  of  the  committee  on  seal  was 
adopted. 

On  motion.  Resolved^  That  a  committee  of  three  be  appointed  to 
superintend  the  printing  of  the  constitution. 

The  President  appointed  as  such  committee,  Messrs.  Williams,  Kelly 
and  Logan. 

Mr.  Grover  moved  that  the  convention  do  now  adjourn  sine  die,  and 
the  question  being  put,  it  was  decided  in  the  atiirmative. 

Whereupon,  the  President  addressed  the  convention  as  follows  : 

Gentlemen — Before  puttino-  this  question  to  a  vote,  permit  me  to  ad- 
dress 3'ou  a  few  words  before  parting.  I  congratulate  you  upon  the  con- 
clusion ot  your  labors;  you  iiave  labored  more  arduously,  in  session 
and  out  of  session,  than  any  deliberative  body  it  has  been  ujy  fortune 
to  be  acquainted  with,  and  I  trust  the  result  will  meet  the  approval  of 
your  constituents. 

For  mj'self,  although  objecting  to  some  ot  the  provisions  of  the  con- 
stitution, considering  it  with  reference  to  probabilities  of  getting  a 
better  one,  I  approve  it,  and  will  support  it  at  the  polls.  The  main 
question  to  be  considered  is  behind  the  constitution  ;  that  is,  are  we 
ready  to  assume  the  responsibility  of  a  State  Government?  In  times 
gone  by,  I  have  not  been  so  sanguine  upon  this  subject  as  others.  I 
have  not  regretted  the  delay  that  has  occured  b}'  the  country  refusing 
to  authorize  a  convention  before  this  time  ;  but  on  the  contrary,  think 
it  has  been  for  the  best.  As  to  mere  numbers  and  wealth,  we  have 
doubtless  suffiicient  of  both  to  maintain  a  State  Government ;  but  a 
people,  in  my  opinion,  require  age  and  maturity,  as  well  as  wealth  and 
numbers,  to  make  them  competent  to  succcessfully  carry  on  a  govern- 
ment. As  in  the  growth  of  the  child,  and  the  oak,  so  with  a  people. 
Thrown  together  as  we  liave  been  upon  this  coast,  it  requires  time  to 
knit  together  in  one  harmonious  whole  our  diversilied  elements  of  po- 
pulation. 


CONSTITUTIONAL    CONTENTION.  101 

For  myself,  I  am  willinor  now  with  this  constitution  to  enter  upon 
the  new  form  of  government.  For  the  country,  that  question  is  be- 
fore them  and  they  must  determine  it. 

Before  concluding,  let  me  thank  you  for  the  kindness  and  courtesy 
you  have  shown  me  as  presiding  officer  of  this  convention.  The 
most  appropriate  return  I  can  make  you  is  the  wish  that  your  constitu- 
ents may  approve  your  conduct  and  endorse  your  work. 

The  President  declared  the  convention  adjourned  sine  die. 

M.  P.  DEADY, 
Attest :  Pres.  Convention. 

Chester  N.  Terry, 

Secret(wy. 

14 


CONSTITUTION  OF  OREGON. 


We,  the  people  of  tlie  State  of  Oregon,  to  the  end  that  justice  be  es- 
tablished, or  maintained,  and  liberty  perpetuated,  do  ordain  this 
Constitution. 

ARTICLE  I. 

Bill  of  Rights. 

1.  We  declare  tliat  all  men,  when  they  form  a  social  compact,  are 
equal  in  rights  ;  that  all  power  is  inherent  in  the  people,  and  all  tree 
governments  are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety  and  happiness  ;  and  they  have  at  all  times  a  right  to  alter, 
reform,  or  abolish  the  government  in  such  manner  as  they  may  think 
proper. 

2.  All  men  shall  be  secured  in  their  natural  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences. 

3.  No  law  shall  in  any  case  whatever  control  the  free  exercise  and 
enjoyment  of  religious  opinions,  or  interfere  with  the  rights  of  con- 
science. 

4.  No  religious  test  shall  be  required  as  a  qualification  for  any  office 
of  trust  or  profit. 

5.  No  money  shall  be  drawn  from  the  Treasury  for  the  benefit  of 
any  religious  or  theological  institution,  nor  shall  any  money  be  ap- 
priated  for  the  payment  of  any  religious  services  in  either  house  of  the 
Legislative  Assemldy. 

6.  No  person  shall  be  rendered  incompetent  as  a  witness  or  juror 
in  consequence  of  his  opinions  on  matters  of  religion,  nor  be  questioned 
in  any  court  of  justice  touching  his  religious  belief,  to  affect  the  weight 
of  his  testimony. 

7.  The  mode  of  administering  an  oath  or  affirmation  shall  be  such 
as  may  be  most  consistent  with,  and  binding  upon  the  conscience  of 
the  person  to  whom  such  oath  or  affirmation  may  be  administered. 

8.  No  law  shall  be  passed  restraining  the  free  expression  of  opinion, 
or  restricting  the  right  to  speak,  write,  or  print  freely  on  any  subject 
whatever;  but  every  person  shall  be  responsible  for  the  abuse  of  this 
right. 


CONSTITUTION  OF  OREGON.  103 

9.  No  law  shall  violate  the  rij^ht  of  the  people  to  be  secure  in  tlieir 
persons,  houses,  papers  and  effects,  against  unreasonal)le  search  or 
seizure;  and  no  warrant  shall  issue  but  upon  probable  cause,  su])port- 
ed  by  oath  or  affirmation,  and  particular!}^  describing  the  jjhice  to  be 
searched,  and  the  person  or  thing  to  be  seized. 

10.  No  court  shall  be  secret,  but  justice  shall  be  administered  open- 
ly and  without  purchase,  completely  and  without  delay,  and  every  man 
shall  have  remedy  by  due  course  of  law  for  injury  done  him  in  person, 
property  or  reputation. 

11.  In  all  criminal  prosecutions,  the  accused  shall  have  the  right  to 
public  trial  by  an  impartial  jury  in  the  countv  in  which  the  offense 
shall  have  been  committed  ;  to  be  heard  by  Inmself  and  counsel ;  to 
demand  the  nature  and  cause  of  the  accusation  against  him,  and  to 
have  a  copy  thereof;  to  meet  the  witnesses  face  to  face,  and  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favor. 

12.  No  person  shall  be  put  in  jeopardy  twice  for  the  same  offence, 
nor  be  compelled  in  any  criminal  prosecution  to  testify  against  hiinseit* 

13.  No  person  arrested  or  conhned  in  jail  shall  be  treated  with  un- 
necessary rigor. 

14.  Offences,  except  murder  and  treason,  shall  be  bailable  by  suffi- 
cient sureties.  Murder  or  treason  shall  not  be  bailable  when  the  proof 
is  evident  or  the  presumption  strong, 

15.  Laws  for  the  punishment  of  crime  shall  be  founded  on  the  prin- 
ciples of  reformation,  and  not  of  vindictive  justice. 

16.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed. 
Cruel  and  unusual  punishments  shall  not  be  inflicted,  but  all  penalties 
shall  be  proportioned  to  the  offense.  In  all  criminal  cases  whatever, 
the  jury  shall  have  the  right  to  determine  the  law  and  the  facts,  under 
the  direction  of  the  court,  as  to  the  law,  and  the  right  of  new  trial,  as 
in  civil  cases. 

17.  In  all  civil  cases,  the  right  of  trial  by  jury  shall  remain  inviolate. 

18.  Private  property  shall  not  be  taken  for  public  use,  nor  the  par- 
ticular services  of  any  man  be  demanded,  without  just  compensation; 
nor,  except  in  case  of  the  State,  without  such  compensation  first  assessed 
and  tendered. 

19.  There  shall  be  no  imprisonment  for  debt  except  in  case  of  fraud 
or  absconding  debtors. 

20.  No  law  shall  be  passed  granting  to  any  citizen  or  class  of  citi- 
zens privileges  or  immunities  which,  upon  the  same  terms,  shall  not 
equally  belong  to  all  citizens. 

21.  No  ex  post  facto  law,  or  law  impairing  the  obligations  of  con- 
tracts, shall  ever  be  passed,  nor  shall  any  law  be  passed,  the  taking 
effect  of  which  shall  be  made  to  depend  upon  any  authority,  except  as 
provided  in  this  Constitution  ;  Provided.,  That  laws  locating  the  Capital 
of  the  State,  locating  county  seats,  and  submitting  town  and  corporate 


104  CONSTITUTION  OF  OREGON. 

acts,  and  other  local  and  special  laws  may  take  effect  or  not,  upon  a 
vote  of  the  electors  interested. 

22.  The  operation  of  the  laws  shall  never  be  suspended  except  by 
the  authority  of  the  Leocislative  Assembly. 

23.  The  privilesje  of  the  writ  of  habeas  corpus  shall  not  be  suspend- 
ed, unless  in  case  of  rebellion  or  invasion,  the  public  safety  require  it. 

24.  Treason  a2:ainst  the  State  shall  consist  only  in  levyino;  war 
against  it,  «>r  adlierino-  to  its  enemies,  giving  them  aid,  or  comfort.  No 
person  shall  be  fonvicted  of  treason  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

25.  No  conviction  shall  work  corruption  of  blood  or  forfeiture  of 
estate. 

26.  No  law  shall  be  passed  restraining  any  of  the  inhabitants  of  the 
State  from  assembling  together  in  a  peaceable  manner  to  consult  for 
their  common  good;  nor  from  instructing  their  representatives;  nor 
from  applying  to  the  Legislature  for  redress  of  grievances. 

27.  The  people  shall  have  the  right  to  bear  arms  for  the  defense  of 
themselves  and  the  State,  but  the  military  shall  be  kept  in  strict  sub- 
ordination to  the  civil  power. 

28.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in  manner 
prescribed  by  law. 

29.  No  law  shall  be  passed  granting  any  title  of  nobility,  or  con- 
ferring hereditary  distinctions. 

30.  No  law  shall  be  passed  prohibiting  emigration  from  the  State. 

31.  White  foreigners  who  are  or  may  hereafter  become  residents  of 
this  State  shall  enjoy  the  same  rights  in  respect  to  the  possession,  enjoy- 
ment and  descent  of  property  as  native  born  citizens.  And  the  Legis- 
lative Assembly  shall  have  power  to  restrain  and  regulate  the  immigra- 
tion to  this  State  of  persons  not  qualified  to  become  citizens  of  the 
United  States. 

32.  No  tax  or  duty  shall  be  imposed  without  the  consent  of  the 
people  or  their  representatives  in  the  Legislative  Assembly;  and  all 
taxation  shall  be  equal  and  uniform. 

33.  This  enumeration  of  rights  and  privileges  shall  not  be  construed 
to  impair  or  deny  otliers  retained  by  the  people. 

34.  There  shall  be  neither  slavery  nor  involuntary  servitude  in  the 
State,  otherwise  than  as  a  punishment  for  crime,  whereof  the  party 
shall  have  been  duly  convicted. 

35.  No  free  negro  or  mulatto,  not  residing  in  this  State  at  the  time 
of  the  adoption  of  this  Constitution,  shall  cotne,  reside  or  be  within  this 
State,  or  hold  any  real  estate,  or  make  any  contracts,  or  maintain  any 
suit  therein  ;  and  the  Legislative  Assembly  shall  provide  by  penal  laws 
for  the  removal  by  public  officers  of  all  such  negroes  and  mulatoes,  and 


CONSTITUTION  OF  OREGON.  105 

for  their  effectual  exclusion  from  the  State,  and  for  the  punishment  of 
persons  who  shall  bring  them  into  the  State,  or  employ  or  harbor  them. 


ARTICLE  II. 

Suffrage  and  Elections. 

Section  1.     All  elections  shall  be  free  and  equal. 

Sec.  2.  In  all  elections  not  otherwise  provided  for  by  this  Constitu- 
tion, every  white  male  citizen  of  the  United  States  of  the  age  of  twenty- 
one  years  and  upwards,  who  shall  have  resided  in  the  State  during  the 
six  months  immediately  preceding  such  election  ;  and  every  white  male 
of  foreign  birth  of  tbe  age  of  twenty-one  years  and  upwards,  who  shall 
have  resided  in  the  United  States  one  year,  and  shall  have  resided  in 
this  State  during  the  six  months  immediately  preceding  such  election, 
and  shall  have  declared  his  intention  to  become  a  citizen  of  the  United 
States  one  year  preceding  such  election,  conformably  to  the  laws  of  the 
United  States  on  the  subject  of  naturalization,  shall  be  entitled  to  vote 
at  all  elections  authorized  by  law. 

Sec.  3.  No  idiot  or  insane  person  shall  be  entitled  to  the  privileges 
of  an  elector;  and  the  privilege  of  an  elector  shall  be  forfeited  by  a 
conviction  of  an\'  crime  which  is  punishable  by  imprisonment  in  the 
Penitentiar}'. 

Sec.  4.  For  the  purpose  of  voting,  no  person  shall  be  depmed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States  or  of  this  State ; 
nor  while  engaged  in  the  navigation  of  the  waters  of  this  State  or  of 
the  United  States,  or  of  the  high  seas  ;  nor  while  a  student  ot  any  sem- 
inary of  learning  ;  nor  while  kept  at  any  alms-house  or  other  asylum, 
at  public  expense;  nor  while  contined  in  any  public  prison. 

Sec.  5.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have  acquired  a  re- 
sidence in  the  State  in  consequence  of  having  been  stationed  within  the 
same;  nor  shall  any  such  soldier,  seaman  or  marine  have  the  right  to 
vote. 

Sec.  6.  No  negro,  Chinaman  or  mulatto  shall  have  the  right  of 
suffrage. 

Sec.  7.  Every  person  shall  be  disqualified  from  holding  office  during 
the  term  for  which  he  may  have  been  elected,  who  shall  have  given  or 
offered  a  bribe,  threat  or  reward  to  procure  his  election. 

Sec.  8.  The  Legislative  Assembly  shall  enact  laws  to  support  the 
privilege  of  free  suffrage,  prescribing  the   manner  of  regulating  and 


106  CONSTITUTION  OF  OREGON. 

condnctin^  elections,  and  prohibitinjr,  under  adequate  penalties,  all  un- 
due influence  therein  from  power,  bribery,  tumult  and  other  improper 
conduct. 

Sec.  9.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  shall  knowingly  carry  to  another  person  such  challenge,  or  who 
shall  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  be  ineligible  to 
any  office  of  trust  or  profit. 

Sec.  10.  No  person  holding  a  lucrative  office  or  appointmet  under 
the  United  States,  or  under  this  State,  shall  be  eligible  to  a  seat  in  the 
Legislative  Assembly  ;  nor  shall  any  person  hold  more  than  one  lucra- 
tive office  at  the  same  time,  except  as  in  this  Constitution  expressly 
permitted  ;  Provided.  That  officers  in  the  militia,  to  which  there  is 
attached  no  annual  salary,  and  the  office  of  Postmaster,  where  the  com- 
pensation does  not  exceed  one  hundred  dollars  per  annum,  shall  not  be 
deemed  lucrative. 

Sec.  11.  No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  money  sliall  be  eligible  to  any  office  of  trust  or  profit  until  he 
shall  have  accounted  for  and  paid  over,  according  to  law,  all  sums  for 
which  he  may  be  liable. 

Sec.  12.  In  all  cases  in  which  it  is  provided  that  an  office  shall  not 
be  filled  by  the  same  person  more  than  a  certain  number  of  years  con- 
tinously,  an  appointment  jpro  tevxpore  shall  not  be  reckoned  a  part  of 
that  term. 

Sec.  13.  In  all  cases  except  treason,  felony,  and  breach  of  the  peace, 
electors  sliall  be  free  from  arrest  in  going  to  elections,  during  their  attend- 
ance there,  and  in  returning  from  the  same;  and  no  elector  shall  be 
obliged  to  do  duty  in  the  militia  on  any  day  of  election,  except  in  time 
of  war  or  public  danger. 

Sec.  14.  General  elections  shall  be  held  on  the  first  Monday  of  June, 
biennially. 

Sec.  15.  In  all  elections  by  the  Legislative  Assembly,  or  by  either 
branch  thereof,  votes  shall  be  given  openly  or  vica  voce^  and  not  by 
ballot,  forever ;_  and  in  all  elections  by  the  people,  votes  shall  be  given 
openly,  or  vica  voce,  until  the  Legislative  Assembly  shall  otherwise  di- 
rect. 

Sec.  16.  In  all  elections  held  by  the  people  under  this  Constitution, 
the  person  or  persons  who  shall  receive  the  highest  number  of  votes 
shall  be  declared  duly  elected. 

Sec.  17.  All  qualified  electors  shall  vote  in  the  election  precinct  in 
the  county  where  they  may  reside,  for  county  officers,  and  in  any 
county  of  the  State  for  State  officers,  or  in  any  county  of  a  Congres- 
sional District  in  which  such  electors  may  reside,  for  Members  of  Con- 
gress. 


CONSTITUTION  OF  OREGON.  107 


ARTICLE  III. 

Distribution  of  Powers. 

.  Section  1.  The  powers  of  the  £>'overnraent  shall  be  divided  into 
three  separate  departments — the  Le£:islative,  the  Executive,  includintr 
the  Administrative  and  the  Judicial ;  and  no  person  char^^ed  with  otii- 
cial  duties  under  one  of  these  departments  shall  exercise  any  of  the 
functions  of  another  except  as  in  this  Constitution  expressly  provided. 


ARTICLE  IV. 

Legislative  Department. 

Section.  1.  The  legislative  authority  of  the  State  shall  be  vested  in 
the  Legislative  Assembly  which  shall  consist  of  a  Senate  and  House  of 
Representatives.  The  style  of  every  bill  shall  be,  "Be  it  enacted  by  the 
Legislative  Assembly  of  the  State  of  Oregon,"  and  no  law  shall  be  en- 
acted except  by  bill. 

Sec.  2.  The  Senate  shall  consist  of  sixteen,  and  the  House  of  Re- 
presentatives of  thirty-four  members,  which  number  shall  not  be  in- 
creased until  the  year  eighteen  hundred  and  sixty,  after  which  time 
the  Legislative  Assembly  may  increase  the  number  of  Senators  and  Rep- 
resentatives ;  always  keeping,  as  near  as  may  be,  the  same  ratio  as  to 
the  number  of  Senators  and  Rapresentatives  ;  Provided,  That  the 
Senate  shall  never  exceed  thirty,  and  the  House  of  Representatives  sixty 
members. 

Sec.  3.  The  Senators  and  Representives  shall  be  chosen  by  the  elec- 
tors of  the  respective  counties  or  districts  into  which  the  State  may 
from  time  to  time  be  divided  b}'  law. 

Sec.  4.  The  Senators  shall  be  elected  for  the  term  of  four  years, 
and  Representatives  for  the  term  of  two  years  from  the  day  next  after 
their  general  election ;  Provided,  however.  That  the  Senators  elect,  at 
the  first  session  of  the  Legislative  Assembly  under  this  Constitution, 
shall  be  divided  by  lot  into  two  equal  classes,  as  nearly  as  may  be  ;  and 
the  seats  of  Senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  two  years,  and  those  ot  the  second  class  at  the  expiration  of  four 
years ;  so  that  one-half,  as  nearly  as  possible,  shall  be  chosen  biennially 
forever  thereafter.  And  in  case  of  the  increase  of  the  number  of  Sena- 
tors, they  shall  be  so  annexed  by  lot  to  one  or  the  other  of  the  two  classes 
as  to  keep  them  as  nearly  equal  as  possible. 


108  CONSTITUTION  OF  OREGON. 


Sec.  5.  The  Legislative  Assembly  shall,  in  the  year  eighteen  hun- 
dred and  sixty-five,  ai.d  every  ten  years  after,  cause  an  enumeration  to 
be  made  of  all  the  white  population  ot  the  State. 

Sec.  6.  The  number  of  Senators  and  Representatives  shall,  at  the 
session  next  following  an  enumeration  of  the  inhabitants  by  the  United 
States  or  this  State,  be  fixed  by  law,  and  apportioned  among  the  seve- 
ral counties  according  to  the  number  of  white  population  in  each.  And 
the  ratio  of  Senators  and  Representatives  shall  be  determined  by  divid- 
ing the  whole  number  of  white  population  of  such  county  or  district,  by 
such  respective  ratios;  and  when  a  fraction  shall  result  from  such  divis- 
ion, which  shall  exceed  one-half  of  such  ratio,  such  county  or  district 
shall  be  entitled  to  a  member  for  such  fraction.  And  in  case  any  coun- 
ty shall  not  have  the  requisite  population  to  entitle  such  county  to  a 
member,  then  such  county  shall  be  attached  to  some  adjoining  county 
for  senatorial  or  representative  purposes. 

Sec.  7.  A  senatorial  district,  when  more  than  one  county  shall  con- 
stitute the  same,  shall  be  composed  of  contiguous  counties,  and  no 
county  shall  be  divided  in  creating  senatorial  districts. 

Sec.  8.  No  person  shall  be  a  Senator  or  Representative  who,  at  the 
time  of  his  election,  is  not  a  citizen  of  the  United  States;  nor  any  one 
who  has  not  been  for  one  year  next  preceding  his  election  an  inhabit- 
ant of  the  county  or  district  whence  he  may  be  chosen.  Senators  and 
Representatives  shall  be  at  least,  twenty-one  years  of  age. 

Sec.  9.  Senators  and  Representatives  in  all  cases  except  for  treason, 
felon}',  or  breaches  of  the  peace,  shall  be  privileged  from  arrest  during 
the  session  of  the  Legislative  Assembly,  and  in  going  to  and  returning 
from  the  same;  and  shall  not  be  subject  to  any  civil  process  during  the 
session  of  the  Leo-islative  Assembly,  nor  during  the  fifteen  days  next 
before  the  commencement  thereof  Nor  shall  a  member,  for  words 
uttered  in  debate  in  either  House,  be  questioned  in  a-ny  other  place. 

Sec.  10.  The  sessit)ns  of  the  Legislative  Assembly  shall  be  held 
biennially  at  the  Capital  of  the  State,  commencing  on  the  second  Mon- 
day of  September,  in  the  year  eighteen  hundred  and  fifty-eight,  and  on 
the  same  day  of  every  second  year  thereafter,  unless  a  different  day  shall 
have  been  appointed  by  law. 

Sec.  11.  Each  House,  when  assembled,  siiall  choose  its  own  officers,, 
judge  of  the  election,  qualifications  and  returns  of  its  own  members,  de- 
termine its  own  rules  of  proceeding,  and  sit  upon  its  own  adjourn- 
ments ;  but  neither  House  shall  without  the  concurrence  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  it  may  be  sitting. 

Sec.  12.  Two-thirds  of  each  House  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  meet,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.  A  quorum  being  in 
attendance,  if  either  House  fail  to  effect  an  organization  within  the  first 


CONSTITUTION  01  OREGON.  109 


five  days  thereafter,  the  members  of  the  House  so  failing  shall  be  en- 
titled to  no  compensation  from  the  end  of  the  said  five  days  until  an  or- 
ganization shall  have  been  effected. 

Sec,  13,  Each  House  shall  keep  a  journal  of  its  proceedinors.  The 
yeas  and  nays  on  any  question,  shall,  at  the  request  of  any  two  mem- 
bers, be  entered,  top;ether  with  the  names  of  the  members  demandinsj 
the  same,  on  the  iournal ;  Provided^  That  on  a  motion  to  adjourn,  it 
shall  require  one-tenth  of  the  members  present  to  order  the  yeas  and 
nays. 

Sec,  14.  The  doors  of  each  House,  and  of  committees  of  the  whole 
shall  be  kept  open,  except  in  such  cases  as  in  the  opinion  of  either 
House  may  require  secresy. 

Sec.  15.  Either  House  may  punish  its  members  for  disorderly  be- 
havior, and  ma}^  with  the  concurrence  of  two-thirds,  expel  a  member; 
but  not  a  second  time  fur  the  same  cause. 

Sec.  16.  Either  House,  dnrins^  its  session,  may  punish  by  imprison- 
ment any  person  not  a  member,  who  siiall  have  been  guilty  of  disre- 
spect to  the  House,  by  disorderly  or  contemptuous  behavior  in  its  pres- 
ence, but  such  imprisonment  shall  not  at  any  time  exceed  twenty-four 
hours. 

Sec.  17.  Each  House  shall  have  all  powers  necessary  for  a  branch 
of  the  legislative  department  of  a  free  and  independent  State. 

Sec.  18,  Bills  may  originate  in  either  House,  but  may  be  amended 
or  rejected  in  the  other,  except  that  bills  for  raising  revenue  shall  origi- 
nate in  the  House  of  Represantatives. 

Sec.  19.  Every  bill  shall  be  read  by  sections,  on  three  several  days, 
in  each  House,  unless,  in  case  of  emergency,  two-thirds  of  the  House 
where  such  bill  may  be  depending,  shall,  by  a  vote  of  yeas  and  nays, 
deem  it  expedient  to  dispense  with  this  rule  ;  but  the  reading  of  a  bill 
by  sections  on  its  final  passage  shall  in  no  case  be  dispensed  with,  and 
the  vote  on  the  passage  of  every  bill  or  joint  resolution  shall  be  taken 
by  yeas  and  naj^s. 

Sec,  20,  Every  act  shall  embrace  but  one  subject,  and  matters  prop- 
erly connected  therewith,  which  subjects  shall  be  expressed  in  the  title. 
But  if  any  subject  shall  be  embraced  in  an  act  which  shall  not  be  ex- 
pressed in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as 
shall  not  be  expressed  in  the  title. 

Sec.  21.  Every  act  and  joint  resolution  shall  be  plainly  worded, 
avoiding,  as  far  as  practicable,  the  use  of  technical  terms. 

Sec.  22.  No  act  shall  ever  be  revised  or  amended  by  mere  refer- 
ence to  its  title,  but  the  act  revised  or  section  amended  shall  be  set  forth 
and  published  at  full  length. 

Sec.  23.     The  Legislative  Assembiy  shall  not  pass  special  or  local 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say  : 
15 


110  CONSTITUTION  OF  OREGON. 


1.  Regulatiiif^  the  jurisdiction  and  duties  of  Justices  of  the  Peace, 
and  of  Constables; 

2.  For  the  punishment  of  crimes  and  misdemeanors  ; 

3.  Regulating  the  practice  in  courts  of  justice  ; 

4.  Providing  for  changing  the  venue  in  civil  and  criminal  cases; 

5.  Granting  divorces  ; 

6.  Changing  the  names  of  persons; 

7.  For  laying,  opening  ai.d  working  on  highways,  and  for  the  elec- 
tion or  appointment  of  supervisors  ; 

8.  Vacating  roads,  town  plats,  streets,  alleys  and  public  squares  ; 

9.  Summoning  and  empaneling  grand  and  petit  jurors; 

10.  For  the  assessment  and  collection  of  taxes  for  State,  county, 
township  or  road  purposes  ; 

11.  Providing  for  supporting  common  schools,  and  for  the  preser- 
vation of  school  funds ; 

12.  In  relation  to  interest  on  money  ; 

13.  Providing  for  opening  and  conducting  the  elections  of  State, 
county  or  township  otiicers,  and  designating  the  places  of  voting ; 

14.  Providing  for  the  sale  of  real  estate  belonging  to  minors  or  oth- 
er persons  laboring  under  legal  disabilities,  b}'  executors,  administra- 
tors, guardians  or  trustees  ; 

Sec.  24.  Provisions  may  be  made  by  general  law  for  bringing  suit 
against  the  State,  as  to  all  liabilities  originating  after  or  existing  at  the 
time  of  the  adoption  of  this  Constitution  ;  but  no  special  act  authoriz- 
ing such  suit  to  be  brought,  or  making  compensation  to  any  person 
claiming  damages  against  the  State.,  shall  ever  be  passed. 

Sec.  25.  A  majority  of  all  the  members  elected  to  each  House 
shall  be  necessary  to  pass  every  bill  or  joint  resolution  ;  and  all  bills 
and  joint  resolutions  so  passed  shall  be  signed  by  the  presiding  officers 
of  the  respective  Houses. 

Sec.  26.  Any  member  of  either  House  shall  have  the  right  to  pro- 
test, and  have  his  protest,  with  his  reasons  for  dissent,  entered  on  the 
journal. 

Sec.  27.  Every  statute  shall  be  a  public  law,  unless  otherwise  de- 
clared in  the  statute  itself. 

Sec.  28.  No  act  shall  take  effect  until  ninety  days  from  the  end  of 
the  session  at  which  the  same  shall  have  been  passed,  except  in  case  of 
emergency  ;  which  emergenc}'  shall  be  declared  in  the  preamble  or  in 
the  body  of  the  law. 

Sec.  29.  The  members  of  the  Legislative  Assembly  shall  receive 
for  their  services  a  sum  not  exceeding  three  dollars  a  day  from  the 
commencement  of  the  session  ;  but  such  pay  shall  not  exceed  in  the  ag- 
gregate one  hundred  and  twenty  dollars  for  per  diem  allowance  for  any 
one  session.  When  convened  in  extra  session  by  the  Governor,  they 
shall  receive  three  dollars  per  day;  but  no  extra  session  shall  continue 


CONSTITUTION  OF  OREGON.  Ill 

for  a  lono^er  period  than  twenty  days.  They  shall  also  receive  the  snra 
of  three  dollars  for  every  twenty  miles  they  shall  travel  in  j^oing  to  and 
returning  from  their  place  of  meeting,  on,,the  most  usual  route.  The 
presiding  officers  of  the  Assembly  siiall,  in  virtue  of  their  otHce,  re- 
ceive an  additional  compensation  equal  to  two-thirds  of  their  per  diem 
allowance  as  members. 

Sec.  30.  No  Senator  or  Representative  sliall,  during  the  time  for 
which  he  may  have  been  elected,  be  eligible  to  any  office,  the  election 
to  which  is  vested  in  the  Legislative  Assembly  ;  nor  shall  be  appointed 
to  any  civil  office  of  profit  which  shall  have  been  created,  or  the  emol- 
uments of  which  shall  have  been  increased  during  such  term,  but  this 
latter  provision  shall  not  be  construed  to  apply  to  any  officer  elective 
by  the  people. 

Sec.  31.  Tlie  members  of  the  Legislative  Assembly  shall,  before 
they  enter  on  the  duties  of  their  respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation  : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will  sup- 
port the  Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  Oregon,  and  that  I  will  faithfully  discharge  the  duties  of  Sen- 
ator (or  Representative,  as  the  case  may  be),  according  to  the  best  of 
my  abilit}'. 

And  such  oath  may  be  administered  by  the  Governor,  Secretary  of 
State,  or  Judge  of  the  Supreme  Court. 


ARTICLE  V. 

Executive  DejMrtme^it. 

Section  1.  The  chief  executive  power  of  the  State  shall  be  vested 
in  a  Governor,  who  shall  hold  his  office  for  the  term  of  four  years  ;  and 
no  person  shall  be  eligible  to  such  office  more  than  eigiit,  in  any  period 
of  twelve  years. 

Sec.  2.  No  person,  except  a  citizen  of  the  United  States,  shall  be 
eligible  to  the  office  of  Governor,  nor  shall  any  person  be  eligible  to 
that  office  who  shall  not  iiave  attained  the  aire  of  thirty  years,  and  who 
shall  not  have  been  three  years  next  preceding  his  election,  a  resident 
within  this  State. 

Sec.  3.  No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States,  or  under  this  State,  or  under  any  other  power,  shall 
fill  the  office  of  Governor  ;  except  as  njay  be  otherwise  provided  in  this 
Constitution. 

Sec.  4.  The  Governor  shall  be  elected  by  the  qualified  electors  of 
the  State,  at  the  times  and  places  of  choosing  members  of  the  Legisla- 


112  CONSTITUTION  OF  OREGON. 

tive  Assembly,  and  the  returns  of  every  election  for  Governor  shall  be 
sealed  up  and  transmitted  to  the  Secretary  of  State,  directed  to  the 
Speaker  of  the  House  of  Representatives,  who  shall  open  and  publish 
them  in  the  presence  of  both  houses  of  the  Legislative  Assembly. 

Sec.  5.  The  person  havinoj  the  highest  number  of  votes  for  Gover- 
nor shall  be  elected ;  but  in  case  two  or  more  persons  shall  have  an 
equal,  and  the  highest  nuuiber  of  votes  for  Governor,  the  two  houses  of 
the  Legislative  Assembly,  at  the  next  regular  session  thereof,  shall 
forthwith,  by  joint  vote,  proceed  to  elect  one  of  the  said  persons  Gov- 
ernor. 

Sec.  6.  Contested  elections  for  Governor  shall  be  determined  by 
the  Legislative  Assembly  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  7.  The  official  term  of  the  Governor  shall  be  four  years;  and 
shall  commence  at  such  times  as  may  be  ])rovided  by  this  Constitution, 
or  prescribed  by  law. 

Sec.  8.  In  case  of  the  removal  of  the  Governor  from  office,  or  of  his 
death,  resignation,  or  inability  to  dischare  the  duties  of  the  office,  tlie 
same  shall  devolve  on  the  Secretary  of  State;  and  in  case  of  the  re- 
moval from  office,  death,  resignation,  or  inability,  both  of  the  Governor 
and  Secretary  of  State,  the  President  of  the  Senate  shall  act  as  Gover- 
nor, until  the  disability  be  removed,  or  a  Governor  be  elected. 

Sec.  9.  The  Governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  this  State,  and  may  call  out  such  forces  to  execute 
the  laws,  to  suppress  insurrection,  or  to  repel  invasion. 

Sec.   10.     He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  1L  He  shall,  from  time  to  time,  give  to  the  Legislative  As- 
sembly information  touching  the  condition  of  the  State,  and  recommend 
such  measures  as  he  shall  judge  to  be  expedient. 

Sec.  12.  He  may,on  extraordinary  occasions,  convene  the  Legislative 
Assembly  by  proclamation,  and  shall  state  to  both  Houses,  when  assem- 
bled, the  purpose  for  which  they  shall  have  been  convened. 

Sec.  13.  He  shall  transact  all  necessary  business  with  the  officers 
of  Government,  and  may  require  information  in  writing  from  the  offi- 
cers of  the  adniinistrative  and  military  departments  upon  any  subject 
relating  to  the  duties  of  their  respective  offices. 

Sec.  14.  He  shall  have  power  to  grant  reprieves,  commutations  and 
pardons,  after  conviction,  for  all  offenses  except  treason,  subject  to  such 
regulations  as  may  be  provided  by  law.  Upon  conviction  for  treason 
he  shall  have  power  to  suspend  the  execution  of  the  sentence  until  the 
case  shall  be  reported  to  the  Legislative  Assembly  at  its  next  meeting, 
when  the  Legislative  Assembly  shall  either  grant  a  pardon,  commute 
the  sentence,  direct  the  execution  of  the  sentence,  or  grant  a  further 
reprieve.  He  shall  have  power  to  remit  fines  and  forfeitures,  under 
such  regulations  as  may  be  prescribed  by  law;  and  shall  report  to  the 
Legislative  Assembly  at  its  next  meeting  each  case  of  reprieve,  com- 


CONSTITUTION  OF  OREGON.  113 

niution  or  pardon  granted,  and  the  reasons  tor  granting  the  same;  and 
also  the  names  of  all  persons  in  whose  favor  remission  of  fines  and  for- 
feitures shall  have  been  made,  and  the  several  amounts  remitted. 

Sec.  15.  Every  bill  which  shall  have  passed  the  Legislative  Assem- 
bly shall,  before  it  becomes  a  law,  be  presented  to  the  Governor  ;  if  he 
approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it  with  his  objec- 
tions to  that  House  in  which  it  shall  have  orginated,  which  Iluuse  shall 
enter  the  objections  at  large  upon  the  journal,  and  proceed  to  recon- 
sider it.  If,  after  such  reconsideration  two-thirds  of  the  members  pres- 
ent shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  \.ith  the  ob- 
jections, to  the  other  House,  by  which  it  thall  likewise  be  reconsidered, 
and  it  approved  by  two-thirds  of  tiie  members  present  it  shall  become 
a  law.  But  in  all  cases  the  votes  of  both  Houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  members  voting  for  or  against 
the  bill  shall  be  entered  on  the  journal  of  each  House  respectively;  it 
any  bill  shall  not  be  returned  by  the  Governor  within  live  days  (Sun- 
days excepted)  after  it  shall  have  been  presented  to  him,  it  shall  be  a 
law  without  his  signature,  unless  the  general  adiournment  shall  prevent 
its  return,  in  which  case  it  shall  be  a  law,  unless  the  Governor,  within 
five  days  next  after  the  adjournment  (Sundays  expected)  shall  file  such 
bill,  with  his  objections  thereto,  in  the  office  of  Secretary  of  State,  who 
jf  shall  lay  the  same  before  tlie  Legislative  Assembly  at  its  next  session, 
in  like  manner  as  if  it  had  been  returned  by  the  Governor. 

Sec.  16.  When,  during  a  recess  of  the  Legislative  Assembly,  a 
vacancy  shall  happen  in  any  office,  the  appointment  to  which  is  vested 
in  the  Legislative  Assembly  ;  or  when  at  any  time  a  vacancy  shall  have 
occurred  in  any  other  State  office,  or  in  the  office  of  Judge  of  any  Court, 
the  Governor  shall  fill  such  vacancy  by  appointment,  which  shall  ex- 
pire when  a  successor  shall  have  been  elected  and  qualified. 

Sec,  17.  He  shall  issue  writs  of  election  to  till  such  vacancies  as 
may  have  occurred  in  the  Legislative  Assembly. 

Sec.  is.  All  commissions  shall  issue  in  the  name  of  the  State,  shall 
be  signed  by  the  Governor,  sealed  with  the  seal  of  the  State,  and  attest- 
ed by  the  Secretary  of  State. 


ARTICLE  VI. 

Administrative  Department. 


Section  1.  There  shall  be  elected  by  the  qualified  electors  of  the 
State,  at  the  times  and  places  of  choosing  members  of  the  Legislative 
Assembly,  a  Secretary,  and  Treasurer  of  State,  who  shall  severally  hold 


114  CONSTITUTION  OF  OREGON. 

their  offices  for  the  term  of  four  years ;  but  no  person  shall  be  eligible 
to  either  of  said  offices  more  than  eiojht,  in  any  period  of  twelve  years. 

Sec.  2.  The  Secretary  of  State  shall  keep  a  fair  record  of  the  offi- 
cial acts  of  the  Legislative  Assembly,  and  Executive  Department  of  the 
State;  and  shall,  wlien  required,  lay  the  same,  and  all  matters  relative 
thereto,  before  either  branch  ot  the  Legislative  Assembly.  He  shall 
be,  by  virtue  of  his  office,  auditor  of  public  accounts,  and  shall  perform 
such  other  duties  as  shall  be  assigned  him  by  law. 

Sec.  3.  There  shall  be  a  Seal  of  State,  kept  by  the  Secretary  of 
State  for  official  purposes,  which  shall  be  called  "  The  Seal  of  the  State 
of  Oregon." 

Sec.  4.  The  power  and  duties  of  the  Treasurer  of  State  shall  be  such 
as  may  be  prescribed  by  law. 

Sec.  5.  The  Governor,  and  the  Secretary,  and  Treasurer  of  State 
shall  severally  keep  the  public  records,  books  and  papers  in  any  man- 
ner relating  to  their  respective  offices,  at  the  seat  of  Government,  at 
which  place  also  the  Secretary  of  State  shall  reside. 

Sec.  6.  There  shall  be  elected  in  each  county,  by  the  qualified  elec- 
tors thereof  at  the  time  of  holding  general  elections,  a  County  Clerk, 
Treasurer,  Sheriff,  Coroner  and  Surveyor,  who  shall  severally  hold  their 
offices  for  the  term  of  two  years. 

Sec.  7.  Such  other  county,  township,  precinct,  and  city  officers  as 
may  be  necessary,  shall  be  elected  or  appointed  in  such  manner  as  may 
be  prescribed  by  law. 

Sec  8.  No  person  shall  be  elected  or  appointed  to  a  county  office 
who  shall  not  be  an  elector  ot  the  county  ;  and  all  county,  township, 
precinct  and  city  officers  shall  keep  their  respective  offices  at  such  places 
therein,  and  perform  such  duties  as  may  be  prescribed  by  law. 

Sec.  9.  Vacancies  in  county,  township,  precinct  and  city  offices 
shall  be  filled  in  such  marmer  as  may  be  prescribed  by  law. 


ARTICLE  VII. 

Judicial  Department. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court,  Circuit  Courts,  and  County  Court,  which  shall  be 
Courts  of  Record,  having  general  jurisdiction,  to  be  defined,  limited 
and  regulated  by  law  in  accordance  with  this  Constitution.  Justices  of 
the  Peace  may  also  be  invested  with  limited  judicial  powers,  and  Muni- 
cipal Courts  may  be  created  to  administer  the  regulations  of  incorpo- 
rated towns  and  cities. 

Sec.  2.     The  Supreme  Court  shall  consist  of  four  Justices,  to  be 


CONSTITUTION  OF  OREGON.  115 

chosen  in  districts  by  the  electors  thereof,  who  shall  be  citizens  of  the 
United  States,  and  who  shall  have  resided  in  the  State  at  least  three 
years  next  precedin^^  their  election,  and  after  their  election  to  reside  in 
their  respective  districts.  The  number  of  Justices  and  districts  may 
be  increased,  but  shall  not  exceed  five,  until  the  white  ]»opulation  of 
the  State  shall  amount  to  one  hundred  thousand,  and  shall  never  exceed 
seven  ;  and  the  boundaries  of  districts  may  be  changed,  but  no  chancre 
of  district  shall  have  the  effect  to  remove  a  Judge  from  othce,  or  require 
him  to  change  bis  residence  without  his  consent. 

Sec.  3,  The  Judges  Hrst  chosen  under  this  Constitution  shall  allot 
among  themselves  their  terms  of  office,  so  that  the  term  of  one  of  them 
shall  expire  in  two  years,  one  in  four  years,  and  two  in  six  years,  and 
therealter  one  or  more  shall  be  chosen  every  two  years,  to  serve  for  the 
term  of  six  years. 

Sec.  4.  Every  vacancy  in  the  office  of  Judge  of  the  Supreme  Court 
shall  be  filled  by  election  for  the  remainder  of  the  vacant  term,  unless 
it  would  expire  at  the  next  election,  and  until  so  filled,  or  when  it 
would  so  expire,  the  Governor  shall   fill  the   vacancy  by  appointment. 

Sec.  5.  The  Judge  who  has  the  shortest  term  to  serve,  or  the  oldest 
of  several  having  such  shortest  term,  and  not  holding  by  appointment, 
shall  be  the  Chief  Justice. 

Sec.  6.  The  Supreme  Court  shall  have  jurisdiction  onl}-^  to  revise 
the  final  decisions  of  the  Circuit  Courts  ;  and  every  cause  shall  be  tried, 
and  every  decision  shall  be  made  by  those  Judges  only,  or  a  majorit}'- 
of  them,  who  did  not  try  the  cause  or  make  the  decision  in  the  Circuit 
Court. 

Sec.  7.  The  terms  of  the  Supreme  Court  shall  be  appointed  by  law; 
but  there  shall  be  one  term  at  the  seat  of  government  annually.  And 
at  the  close  of  each  term  the  Judges  shall  file  with  the  Secretary  of 
State,  concise  written  statements  of  the  decisions  made  at  that  term. 

Sec.  8.  The  Circuit  Court  shall  be  held  twice,  at  least  in  each  year, 
in  e  ich  county  organized  for  judicial  purposes,  by  one  of  the  Justices 
of  the  Supreme  Court,  at  times  to  be  appointed  by  law;  and  at  such 
other  times  as  may  be  appointed  by  the  Judges,  severallj-,  in  pursuance 
of  law. 

Sec.  9.  All  judicial  power,  authority  and  jurisdiction  not  vested 
by  this  Constitution,  or  by  laws  consistent  therewith  exclusively  in 
some  other  Court,  shall  belong  to  the  Circuit  Courts;  and  they  shall 
have  appellate  jurisdiction  and  supervisory  control  over  the  County 
Courts,  and  all  other  inferior  Courts,  officers  and  tribunals. 

Sec.  10.  When  the  white  population  of  the  State  shall  amount  to 
two  hundred  thousand,  the  Leorislative  Assembly  may  provide  for  the 
election  of  Supreme  and  Circuit  Judges  in  distinct  classes,  one  of  which 
classes  shall  consist  of  three  Justices  of  the  Supreme  Court,  who  shall 
not  perform  circuit  duty,  and  the  other  class  shall  consist  of  the  ne- 


116  CONSTITUTION  OF  OREGON. 

cessary  number  of  Circuit  Judges,  who  shall  hold  full  terras  without 
allotment,  and  who  shall  take  the  same  oath  as  the  Supreme  Judges. 

Sec.  11.  There  shall  be  elected  in  each  county,  for  the  term  of  four 
years,  a  County  Judge,  who  shall  hold  the  County  Court  at  times  to  be 
regulated  by  law. 

Sec.  12.  The  County  Court  shall  have  the  jurisdiction  pertaining 
to  Probate  Courts,  and  Boards  of  County  Commissioners,  and  such 
other  powers  and  duties,  and  such  civil  jurisdiction  not  exceeding  the 
amount  of  value  of  five  hundred  dollars,  and  such  criminal  jurisdiction 
not  extending  to  death  or  imprisonment  in  the  Penitentiary  as  may  be 
prescribed  by  law.  But  the  Legislative  Assembly  may  provide  tor  the 
election  of  two  Commissioners  to  sit  with  the  County  Judge  whilst 
transacting  county  business  in  any  or  all  the  counties,  or  may  provide 
a  separate  board  for  transacting  such  business. 

Sec.  13.  The  County  Judge  may  grant  preliminary  injunctions  arid 
such  other  writs  as  the  Legislative  Assembly  may  anthorize  him  to 
grant,  returnable  to  the  Circuit  Court,  or  otherwise,  as  may  be  provid- 
ed by  law  ;  and  may  hear  and  decide  questions  arising  upon  habeas 
corpus ;  Provided^  Such  decision  be  not  against  the  authority  or  pro- 
ceedings of  a  Court  or  Judge  of  equal  or  higher  jurisdiction. 

Sec.  14.  The  counties  having  less  than  ten  thousand  white  inhabit- 
ants shall  be  reimbursed,  wholly  or  in  part,  for  the  salary  and  expenses 
of  the  County  Court,  by  tees,  percentage,  and  other  equitable  taxation 
of  the  business  done  in  said  Court,  and  in  the  office  of  the  County  Clerk. 

Sec.  15.  A  County  Clerk  shall  be  elected  in  each  county,  for  the 
term  of  two  years,  who  shall  keep  all  the  public  records,  books  and 
papers  of  the  county,  record  conveyances,  and  perform  the  duties  of 
clerk  of  the  Circuit  and  County  Courts,  and  such  other  duties  as  may 
be  prescribed  by  law  ;  but  whenever  the  number  of  voters  in  any  county 
shall  exceed  twelve  hundred,  the  Legislative  Assembly  may  authorize 
the  election  of  one  person  as  Clerk  of  the  Circuit  Court,  one  person  as 
Clerk  of  the  County  Court,  and  ont  person  Recorder  of  Conveyances. 

Sec.  16.  A  Sheriif  shall  be  elected  in  each  county  for  the  term  of 
two  years,  who  shall  be  the  ministerial  officer  of  the  Circuit  and  County 
Courts,  and  shall  perform  such  other  duties  as  may  be  prescribed  by 
law. 

Sec.  17.  There  shall  be  elected  by  districts  comprised  of  one  or 
more  counties,  a  sufficient  number  of  prosecuting  attorneys,  who  shall 
be  the  law  officers  of  the  State,  and  of  the  counties  within  their  respec- 
tive districts,  and  shall  perform  such  duties  pertaining  to  the  adminis- 
tration of  law  and  general  police,  as  the  Legislative  Assembly  may  di- 
rect. 

Sec.  18.  The  Legislative  Assembly  shall  so  provide  that  the  most 
competent  of  the  permanent  citizens  of  the  count}'^  shall  be  chosen  for 
jurors  ;  and  out  of  the  whole  number  in  attendance  at  the  Court,  seven 


CONSTITUTION  OF  OREGON.  117 

shall  be  chosen  by  lot  as  Grand  Jurors,  five  of  whom  must  concur  to 
find  an  indictment.  But  the  Leojislative  Assembly  may  modify  or 
abolish  Grand  Juries. 

Sec.  19.  Public  officers  shall  not  be  impeached  ;  but  incompetency, 
corruption,  malfeasance  or  delinquency  in  office  may  be  tried  in  the 
same  manner  as  criminal  offences,  and  judgment  may  be  given  of  dis- 
missal from  office,  and  such  further  punishment  as  may  have  been  pre- 
scribed by  law. 

Sec.  20.  The  Governor  may  remove  from  office  a  Judge  of  the 
Supreme  Court,  or  Prosecuting  Attorney,  upon  the  joint  resolution  of 
the  Legislative  Assembh',  in  which  two-thirds  of  the  men)bers  elected 
to  each  house  shall  concur,  for  incompetency,  corruption,  malfeasance 
or  delinquency  in  office,  or  other  sufficient  cause  stated  in  such  resolu- 
tion. 

"Sec.  21.  Every  Judge  of  the  Supreme  Court,  before  entering  upon 
the  duties  of  his  office,  shall  take  and  subscribe,  and  transmit  to  the 
Secretary  of  State,  the  following  oath  : 

"  I ,  do  solemnly  swear  (or  affirm)  that  I  will  support 

the  Constitution  of  the  United  States,  and  the  Constitution  of  the  State 
of  Oregon,  and  that  I  will  faithfully  and  impartially  discharge  the  du- 
ties of  a  Judge  of  the  Supreme  and  Circuit  Courts  of  said  State,  accord- 
ing to  the  best  of  my  ability,  and  that  I  will  not  accept  any  other  office, 
except  judicial  offices,  during  the  term  for  which  I  have  been  elected." 


ARTICLE  VIII. 

Education  and  School  Lands. 

Section  1.  The  Governor  shall  be  Superintendent  of  Public  In- 
struction, and  his  powers  and  duties  in  that  capacity  shall  be  such  as 
may  be  prescribed  by  law ;  but  after  the  term  of  five  years  from  the 
adoption  of  this  Constitution,  it  shall  be  competent  for  the  Legislative 
Assembly'  to  provide  by  law  for  the  election  of  a  Su[)erintendent,  to 
provide  for  his  compensation,  and  prescribe  his  powers  and  duties. 

Sec.2.  The  proceeds  of  all  the  lands  which  have  been  or  hereafter  may 
be  granted  to  this  State,  for  educational  purposes,  (excepting  the  lands 
heretofore  granted  to  aid  in  the  establishment  of  a  university),  all  the 
moneys  and  clear  proceeds  of  all  property  which  may  accrue  to  tiie 
State  by  escheat  or  forfeiture;  all  moneys  which  maybe  paid  as  ex- 
emption from  military  duty;  the  proceeds  of  all  gifts,  devises  and  be- 
quests, made  by  any  person  to  the  State  for  common  school  purposes ; 
the  proceeds  of  all  property  granted  to  the  State  when  the  purposes  of 
16 


118  CONSTITUTION  OF  OREGON. 


such  grant  shall  not  be  stated  ;  all  the  proceeds  of  the  five  hundred 
thousand  acres  of  land  to  which  the  State  is  entitled  by  the  provisions 
of  an  Act  of  Congress,  entitled  "An  Act  to  appropriate  the  proceeds  of 
the  sales  of  the  pnblic  lands,  and  to  grant  pre-emption  rights,  approved 
the  4th  of  September,  1841,"  and  also  the  five  i>er  centum  of  the  net 
proceeds  of  the  sales  of  the  public  lands,  to  which  this  State  shall  be- 
come entitled  on  her  admission  into  the  Union  (if  Congress  shall  con- 
sent to  such  ap]>ropriation  of  the  two  grants  last  mentioned)  shall  be 
set  apart  as  a  separate  and  irreducible  fund,  to  be  called  the  Common 
School  Fund,  the  interest  of  which,  together  with  all  other  revenues 
derived  from  the  school  land  mentioned  in  this  section,  shall  be  exclu- 
sively applied  to  the  support  and  maintenance  of  common  schools  in 
each  school  district,  and  the  purchase  of  suitable  libraries  and  appara- 
tus therefor. 

Sec.  3.  The  Legislative  Assembly  shall  provide  by  law  for  the  es- 
tablishment of  a  uniform  and  general  system  of  common  schools. 

Sec.  4.  Provision  shall  be  made  by  law  for  the  distribution  of  the 
income  of  the  common  school  fund  among  the  several  counties  of  the 
State,  in  proportion  to  the  number  of  children  resident  therein  between 
the  ages  of  four  and  twenty  years. 

Sec.  5.  The  Governor,  Secretary  of  State,  and  State  Treasurer 
shall  constitute  a  Board  of  Commissioners  for  the  sale  of  school  and 
university  lands,  and  for  the  investment  of  the  funds  arising  therefrom, 
and  their  powers  and  duties  shall  be  such  as  may  be  prescribed  by  law  ; 
Provided^  That  no  part  of  the  university  funds,  or  of  the  interest  aris- 
ing therefrom,  shall  be  expended  until  the  period  of  ten  years  from  the 
adoption  of  this  Constitution,  unless  the  same  shall  be  otherwise  dis- 
posed of  by  the  consent  of  Congress  for  common  school  purposes. 


ARTICLE  IX. 

Finance. 

Section  1.  The  Legislative  Assembly  shall  provide  by  law  for  a 
uniform  and  equal  rate  of  assessment  and  taxation,  and  shall  prescribe 
such  regulations  as  shall  secure  a  just  valuation  for  taxation  of  all  prop- 
erty, both  real  and  personal,  excepting  such  only  for  municipal,  educa- 
tional, literar}^,  scientific,  religious,  or  charitable  purposes  as  may  be 
specially  exempted  by  law. 

Sec.  2.  The  Legislative  Assembly  shall  provide  for  raising  revenue 
sufficient  to  defray  the  expenses  of  the  State  for  each  fiscal  year,  and 


CONSTITUTION  OF  OREGON.  119 


I  also  a  sufficient  sum  to  pay  tlie  interest  on  the  State  debt,  if  there  be 
any. 

Sec.  3.  No  tax  shall  be  levied  except  in  pursuance  of  law,  and  every 
law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same,  to 
which  only  it  shall  be  applied. 

Sec.  4.  No  money  shall  be  drawn  from  the  treasury  but  in  pursu- 
ance of  appropriations  made  by  law. 

Sec.  5.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  published  with  the  laws  of  eacb  regular  ses- 
sion of  the  Legislative  Assembly. 

Sec.  6.  Whenever  the  expenses  of  any  fiscal  year  shall  exceed  the 
income,  the  Legislative  Assembly  shall  provide  for  levying  a  tax  for 
the  ensuing  fiscal  3'ear,  sufficient,  with  other  sources  of  income,  to  pay 
the  deficiency,  as  well  as  the  estimated  expense  of  the  ensuing  fiscal 
year. 

Sec.  7.  Laws  making  appropriations  for  the  salaries  of  public  offi- 
cers and  other  current  expenses  of  the  State,  shall  contain  provisions 
upon  no  other  subject. 

Sec.  8.  All  stationery  required  for  the  use  of  the  State  shall  be 
furnished  by  the  lowest  responsible  bidder,  under  such  regulations  as 
may  be  prescribed  by  law.  But  no  State  officer,  or  member  of  the 
Legislative  Assembly  shall  be  interested  in  any  bid  or  contract  for  fur- 
nishing such  stationery. 


ARTICLE  X. 

Militia. 

Section  1.  The  militia  of  this  State  shall  consist  of  all  able-bodied 
male  citizens  between  the  ages  of  eighteen  and  forty-five  years,  except 
such  persons  as  now  are  or  hereafter  may  be  exempted  by  the  laws  of 
the  United  States  or  of  this  State. 

Sec.  2.  Persons  whose  religious  tenets  or  conscientious  scruples  for- 
bid them  to  bear  arms,  shall  not  be  compelled  to  do  so  in  time  of  peace, 
but  shall  pay  an  equivalent  for  personal  service. 

Sec.  3.  The  Governor  shall  appoint  the  Adjutant  General  and  the 
other  chief  officers  of  the  general  stafi",  and  his  own  staff;  and  all  offi- 
cers of  the  line  shall  be  elected  by  the  persons  subject  to  military  duty 
in  their  i-espective  districts. 

Sec.  4.  The  Majors  General,  Brigadiers  General,  Colonels,  or  Com- 
mandants of  regiments,  battalions  or  squadrons,  shall  severally  appoint 
their  staff  officers,  and  the  Governor  shall  commission  all  officers  of  the 
line  and  staff  ranking  as  such. 


120  CONSTITUTION  OF  OREGON. 


Sec,  5.  The  Legislative  Assembly  shall  fix  by  law  the  method  of 
dividinjy  the  militia  into  divisions,  brigades,  regiments,  battalions  and 
companies,  and  make  all  otiier  needful  rules  and  regulations  in  such 
manner  as  they  may  deem  expedient,  not  incompatible  with  the  Con- 
stitution or  laws  of  the  United  States,  or  of  the  Constitution  of  this 
State,  and  shall  fix  the  rank  of  all  staff  officers. 


ARTICLE  XI. 

Corporations  and  Internal  Improvements. 

Section  1.  The  Legislative  Assembly  shall  not  have  the  power  to 
establish  or  incorporate  any  bank  or  banking  company,  or  moneyed  in- 
stitution whatever;  nor  shall  any  bank,  conipany  or  institution  exist  in 
the  State  with  the  privilege  of  making,  issuing  or  putting  into  circula- 
tion any  bill,  check,  certificate,  promissory  note  or  other  paper,  or  the 
paper  of  any  bank,  company  or  person  to  circulate  as  money. 

Sec.  2.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  special  laws  except  for  municipal  purposes.  All  laws 
passed  pursuant  to  this  section  may  be  altered,  amended  or  repealed, 
but  not  so  as  to  impair  or  destroy  any  vested  corporate  rights. 

Sec.  3.  The  stockholders  of  all  corporations  and  joint  stock  com- 
panies shall  be  liable  for  the  indebtedness  of  said  corporatiori  to  the 
amount  of  their  stock  subscribed  and  unpaid,  and  no  more. 

Sec.  4.  No  person's  property  shall  be  taken  by  any  corporation, 
under  authority  of  law,  without  compensation  being  first  made  or  secur- 
ed in  such  manner  as  may  be  prescribed  by  laM^ 

Sec.  5.  Acts  of  the  Legislative  Assembly  incorporating  towns  and 
cities  shall  restrict  their  powers  of  taxation,  borrowing  money,  contract- 
ing debts  and  loaning  their  credit. 

Sec.  6.  The  State  shall  not  subscribe  to  or  be  interested  in  the  stock 
of  any  company,  association  or  corporation. 

Sec.  7.  The  Legislative  Assembly  shall  not  loan  the  credit  of  the 
State,  nor  in  an^^  manner  create  any  debtor  liabilities  which  shall  singly 
or  in  the  aggregate,  with  previous  debts  or  liabilities,  exceed  the  sum 
of  fifty  thousand  dollars,  except  in  case' of  war,  or  to  repel  invasion  or 
suppress  insurrection  ;  and  every  contract  of  indebtedness  entered  into 
or  assumed  by  or  on  behalf  of  this  State,  when  all  its  liabilities  and 
debts  amount  to  said  sum,  shall  be  void  and  of  no  effect. 

Sec.  8.  The  State  shall  never  assume  the  debts  of  any  county,  town 
or  other  corporation  whatever,  unless  such  debts  shall  have  been  created 
to  repel  invasion,  suppress  insurrection  or  defend  the  State  in  war. 


CONSTITUTION  OF  OREGON.  121 

Sec.  9.  No  county,  city,  town  or  other  munici})al  corporation,  by  a 
vote  of  its  citizens,  or  otherwise,  shall  becotne  a  stockholder  in  any  joint 
stock  company,  corporation  or  association  whatever,  or  raise  money  for 
or  loan  its  credit  to  or  in  aid  of  any  such  company,  corporation  or  as- 
sociation. , 

Sec.  10.  No  county  shall  create  any  debts  or  liabilities  which  shall 
sina^ly  or  in  the  affgregate  exceed  the  sum  of  five  thousand  dollars,  ex- 
cept to  suppress  insurrection  or  repel  invasion  ;  but  the  debts  of  any 
county,  at  the  time  this  Constitution  takes  effect,  shall  be  disregarded 
in  estimating  the  sum  to  which  such  county  is  limited. 


ARTICLE  XII 

State  Printer. 

Section  1.  There  shall  be  elected  by  the  qualified  electors  of  the 
State,  at  the  times  and  places  of  choosing  members  of  the  Legislative 
Assembly,  a  State  Printer,  who  shall  hold  his  ofiice  for  the  term  of  tour 
years.  He  shall  perform  all  the  public  printing  for  the  State,  which 
may  be  provided  by  law.  The  rates  to  be  paid  to  him  for  such  print- 
ing shall  be  fixed  by  law,  and  shall  neither  be  increased  nor  diminish- 
ed during  the  term  for  which  he  shall  have  been  elected.  He  shall 
give  such  security  for  the  performance  of  his  duties  as  the  Legislative 
Assembly  may  provide. 


ARTICLE  XIII. 

Salaries, 

Section  1.  The  Governor  shall  receive  an  annual  salary  of  fifteen 
hundred  dollars.  The  Secretary  of  State  shall  receive  an  annual  salary 
of  fifteen  hundred  dollars.  The  Treasurer  of  State  shall  receive  an 
annual  salary  of  eight  hundred  dollars.  The  Judges  of  the  Supreme 
Court  shall  each  receive  an  annual  salary  of  two  thousand  dollars.  They 
shall  receive  no  fees  or  perquisites  whatever  for  the  performance  of  any 
duties  connected  with  their  respective  offices  ;  and  the  compensation  of 
officers,  if  not  fixed  by  this  Constitution,  shall  be  provided  by  law. 


122  CONSTITUTION  OF  OREGON. 


ARTICLE  XIV. 
Seat  of  Government. 

Section  1.  The  Legislative  Assembly  shall  not  have  power  to  es- 
tablish a  permanent  seat  of  government  for  this  State.  But  at  the  first 
regular  session  after  the  adoption  of  this  Constitution,  the  Legislative 
Assembl}'  shall  provide  by  law  for  the  submission  to  the  electors  of  this 
State  at  the  next  general  election  thereafter,  the  matter  of  the  selection 
of  a  place  for  a  permanent  seat  of  government ;  and  no  place  shall  ever 
be  the  seat  of  government  under  such  law,  which  shall  not  receive  a 
majority  of  all  the  votes  cast  on  the  matter  of  such  election. 

Sec.  2.  No  tax  shall  be  levied,  or  money  of  the  State  expended,  or 
debt  contracted  for  the  erection  of  a  State  House  prior  to  the  year 
eighteen  hundred  and  sixty-five. 

Sec.  3.  The  seat  of  government,  when  established,  as  provided  in 
section  one,  shall  not  be  removed  for  the  term  of  twenty  years  from  the 
time  of  such  establishment ;  nor  in  any  other  manner  than  as  provided 
in  the  first  section  of  this  article  ;  Provided,  That  all  the  public  institu- 
tions of  the  State  hereafter  provided  for  by  the  Legislative  Assembly, 
shall  be  located  at  the  seat  of  government. 


ARTICLE  XV. 

Miscellaneous. 

Section  1.  All  officers  except  members  of  the  Legislative  Assembly 
shall  hold  their  offices  until  their  successors  are  elected  and  qualified. 

Sec.  2.  When  the  duration  of  any  office  is  not  provided  for  by  this 
Constitution,  it  may  be  declared  by  law;  and  if  not  so  declared,  such 
office  shall  be  held  during  the  pleasure  of  the  authority  making  the  ap- 
pointment. But  the  Legislative  Assembly  shall  not  create  any  office 
the  tenure  of  which  shall  be  longer  than  four  years. 

Sec.  3.  Every  person  elected  or  appointed  to  an}'  office  under  this 
Constitution  shall,  before  entering  on  the  duties  thereof,  take  an  oath 
or  affirmation  to  support  the  Constitution  of  the  United  States  and  of 
this  State,  and  also  an  oath  of  office. 

Sec.  4.  Lotteries,  and  the  sale  of  lottery  tickets,  for  any' purpose 
whatever,  are  prohibited,  and  the  Legislative  Assembly  shall  prevent 
the  same  by  penal  laws. 


CONSTITUTION  OF  OREGON.  123 


Sec.  5.  The  property  and  pecuniary  rights  of  every  married  woinan 
at  the  time  of  marriage,  or  afterwards  acquired  by  gift,  devise  or  in- 
heritance, shall  not  be  subject  to  the  debts  or  contracts  of  tlie  husband  ; 
and  laws  shall  be  passed  providing  for  the  registration  ot  the  wife's  sep- 
arate property.  , 

Sec.  6.  No  county  shall  be  reduced  to  an  area  of  less  than  four  hun- 
dred square  mi.'es;  nor  shall  any  new  county  be  established  in  this 
State  containing  a  less  area,  nor  unless  such  new  county  shall  contain 
a  population  of  at  least  twelve  hundred  inhabitants. 

Sec.  7.  No  State  otiicers  or  members  of  the  Legislative  Assembly 
sliall  directly  or  indirectly  receive  a  fee,  or  be  engaged  as  counsel,  agent 
or  attorney  in  the  prosecution  of  any  claim  against  this  State. 

Sec.  8.  No  Chinaman,  not  a  resident  of  the  State  at  the  adoption 
of  this  Constitution,  shall  ever  liold  any  real  estate  or  mining  claim,  or 
work  any  mining  claim  therein. 

The  Legislative  Assembly  shall  provide  by  law  in  the  most  effectual 
manner  for  carrying  out  tlie  above  provisions. 


J,  ARTICLE  XVI. 

Boundaries. 

Section  L  In  order  that  the  boundaries  of  the  State  may  be  known 
and  established,  it  is  hereby  ordained  and  declared  that  the  State  of 
Oregon  shall  be  bounded  as  follows,  to-wit : 

Beginning  one  marine  league  at  sea,  due  west  from  the  point  where 
the  forty-second  parallel  of  north  latitude  intersects  the  same  ;  thence 
northerly  at  the  same  distance  from  the  line  of  the  coast  lying  west  and 
opposite  the  State,  including  all  islands  within  the  jurisdiction  of  the 
United  States,  to  a  point  due  west  and  opposite  the  middle  of  the  north 
ship  channel  of  the  Columl)ia  river;  thence  easterly  to  and  up  the 
middle  channel  of  said  river,  and  when  it  is  divided  by  islands,  up  the 
middle  of  the  widest  channel  thereof,  and  in  like  manner  up  the  middle 
of  the  main  channel  of  Snake  river  to  the  mouth  of  the  Owyhee  river  ; 
thence  due  south  to  the  parrallel  of  latitude  forty-two  degrees  north  ; 
thence  west  along  said  parallel  to  the  place  of  beginmng,  including 
jurisdiction  in  civil  and  criminal  cases  upon  the  Cohnnbia  river  and 
Snake  river,  concurrently  with  States  and  Territories  of  which  those 
rivers  form  a  boundary  in  common  with  this  State.  But  tbe  Congress 
of  the  United  States,  in  providing  for  the  admission  of  this  State  into 
the  Union,  may  make  the  said  northern  boundary  conform  to  the  act 
creating  the  Territory  of  Washington. 


124  CONSTITUTION  OF  OREGON. 


ARTICLE  XVII. 

Amendments. 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  either  branch  of  the  Lej^islative  Assembly,  and  if 
the  same  shall  be  ag;reed  to  by  a  majority  of  all  the  members  elected 
to  each  of  the  two  Houses,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered  on  their  journals,  and 
referred  to  the  Lejjislative  Assembly  to  be  chosen  at  the  next  general 
election  ;  and  if,  in  the  Legislative  Assembly  so  next  chosen,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to  by  a  majority  of 
all  the  members  elected  to  each  House,  then  it  shall  be  the  duty  of  the 
Legislative  Assembly'  to  submit  such  amendment  or  amendments  to 
the  electors  of  the  State,  and  cause  the  same  to  be  published  without 
delay  at  least  four  consecutive  weeks  in  several  newspapers  published 
in  this  State  ;  and  if  a  majority  of  said  electors  shall  ratify  the  same, 
such  amendment  or  amendments  shall  become  a  part  of  this  Constitu- 
tion. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted  in  such 
manner,  that  the  electors  shall  vote  for  or  against  each  of  such  amend- 
ments separately  ;  and  while  an  amendment  or  amendments  which  shall 
have  been  agreed  upoii  by  one  Legislative  Assembly  shall  be  awaiting 
the  action  of  a  Legislative  Assembly,  or  of  the  electors,  no  additional 
amendment  or  amendments  shall  be  proposed. 


ARTICLE  XVIII. 

Schedule. 

SectkjN  1.  For  the  purpose  of  taking  the  vote  of  the  electors  of  the 
State  for  the  acceptance  or  rejection  of  this  Constitution,  an  election 
shall  be  held  on  the  second  Monday  of  November,  in  the  year  1857,  to 
be  conducted  according  to  existing  laws  regulating  the  election  of  Dele- 
gate in  Congress,  so  far  as  applicable,  except  as  herein  otherwise  pro- 
vided. 

Sec.  2.  Each  elector  who  offers  to  vote  upon  this  Constitution  shall 
be  asked  by  the  Judges  of  election  this  question  : 

Do  you  vote  for  the  Constitution — yes  or  no  ? 

And  also  this  question  : 

Do  you  vote  for  slavery  in  Oregon — yes  or  no  i 


CONSTITUTION  OF  OREGON.  125 


And  also  this  qnestion  : 

Do  you  vote  for  free  nejjroes  in  Oreajon — yes  or  no  ? 

And  in  the  poll  books  shall  be  columns  headed  respectively,  "  Con- 
stitution, yes ;"  "  Constitution,  no ;"  "  free  negroes,  yes  ;""•'  free  negroes, 
no  ;"  slavery,  3'es;"  "slavery,  no."  • 

And  the  names  of  the  electors  shall  be  entered  in  the  poll  books,  to* 
gether  with  their  answers  to  the  said  questions,  under  their  ap])ro])riate 
heads.  The  abstracts  of  the  votes  transmitted  to  tlie  Secretary  of  the 
Territory  shall  be  publicly  opened  and  canvassed  by  the  Governor  and 
Secretary,  or  by  either  of  them  in  the  absence  of  the  other  ;  and  the 
Governor,  or  in  his  absence,  the  Secretary,  shall  forthwith  issue  hia 
proclamation,  and  publish  the  same  in  the  several  newspapers  printed 
in  this  State,  declaring  the  result  of  the  said  election  upon  each  of  said 
questions. 

Sec.  3.  If  a  majority  of  all  the  votes  given  for  and  against  the  Con- 
stitution shall  be  given  for  the  Constitution,  then  this  Constitution  shall 
be  deemed  to  be  approved  and  accepted  by  the  electors  of  the  State, 
and  shall  take  effect  accordingly;  and  if  a  majority  of  such  votes  shall 
be  given  against  the  Constitution,  then  this  Constitution  shall  be  deem- 
ed to  be  rejected  by  the  electors  of  the  State,  and  shall  be  void. 

Sec.  4.  If  this  Constitution  shall  be  accepted  by  the  electors,  and  a 
majority  of  all  tlie  votes  given  for  and  against  slavery  shall  be  given 
for  slavery,  then  tlie  following  section  shall  be  added  to  the  bill  of  rights 
and  shall  be  part  of  this  Constitution  : 

"  Section  — .  Persons  lawfully  held  as  slaves  in  an}'  State,  Territory 
or  district  of  the  United  States,  under  the  laws  thereof,  may  be  brought 
into  this  State  ;  and  such  slaves  and  tlieir  descendants  may  be  held  as 
slaves  within  this  State,  and  shall  not  be  emancipated  without  the  con- 
sent of  their  owners." 

And  if  a  majority'  of  such  votes  shall  be  given  against  slavery,  then 
the  foregoing  section  shall  not,  but  the  following  section  shall  be  added 
to  the  bill  of  rights,  and  shall  be  a  part  of  this  Constitution  : 

"  Section  — .  There  shall  be  neither  slaver}-  nor  involuntary  servi- 
tude in  the  State,  otherwise  than  as  a  punishment  for  crime,  whereof 
the  party  shall  have  been  duly  convicted." 

And  if  a  majority  of  all  the  votes  given  for  and  against  free  negmes 
shall  be  given  against  free  negroes,  then  the  following  section  shall  be 
added  to  the  bill  of  rights,  and  shall  be  a  part  of  this  (Constitution  : 

'"  Section  — .  No  free  negro  or  mulatto,  not  residing  in  this  State  at 
the  time  of  the  adoption  of  this  Constitution,  shall  come,  reside,  or  be 
within  this  State,  or  hold  any  real  estate,  or  make  any  contracts,  or 
maintain  any  suit  therein  ;  and  the  Legislative  Assembly  shall  provide 
by  penal  laws  for  the  reujoval  by  public  officers  of  all  such  negroes  and 
mulattoes,  and  for  tlieir  effectual  exclusion  from  the  State,  and  for  the 

17 


126  CONSTITUTION  OF  OREGON. 

punishment  of  persons  who  shall  bring  thein  into  the  State,  or  emplo}' 
or  harbor  them." 

Sec.  5.  Until  an  enumeration  of  the  white  inhabitants  of  the  State 
shall  be  made,  and  the  Senators  and  Representatives  apportioned  as 
directed  in  the  Constitution,  the  county  of  Marion  sliall  have  two  Sena- 
tors and  four  Representatives  ;  Linn,  two  Senators  and  four  Represen- 
tatives ;  Lane,  two  Senators  and  three  Representatives  ;  Clackamas  and 
Wasco,  one  Senator  jointly,  and  Clackamas  three  Represeiitatives,  and 
Wasco,  one  Representative  ;  Yamhill,  one  Senator  and  two  Represen- 
tatives;  Polk,  one  Senator  and  two  Representatives  ;  Benton,  one  Sen- 
ator and  two  Representatives  ;  Multnomah,  one  Senator  and  two  Rep- 
resentatives ;  Washington,  Columbia,  Clatsop  and  Tillamook,  one  Se- 
nator jointly,  and  Washington  one  Representative,  and  AVashington 
and  Columbia  one  Representative  jointly;  and  Clatsop  and  Tillamook 
one  Representative  jointly,  Douglas,  one  Senator  and  two  Representa- 
tives; Jackson,  one  Senator  -.md  three  Representatives;  Josephine,  one 
Senator  and  one  Representative  ;  Umpqua,  Coos  and  Curry,  one  Sena- 
tor jointly,  and  Umpqua  one  Representative,  and  Coos  and  Curry  one 
Representative  jointly. 

Sec.  6.  If  this  Constitution  shall  be  ratified,  an  election  shall  be 
lield  on  the  tirst  Monday  in  June,  1858,  for  the  election  of  members  of 
the  Legislative  Assembly,  a  Representative  in  Congress,  and  State  and 
county  officers;  and  the  Legislative  Assembly  shall  convene  at  the 
Capital  on  the  tirst  Monday  of  July,  1858,  and  proceed  to  elect  two 
Senators  in  Congress,  and  make  such  further  provision  as  may  be  ne- 
cessary to  the  complete  organization  of  a  State  government. 

Sec.  7.  All  laws  in  force  in  the  Territory  of  Oregon  when  this  Con- 
stitution takes  eifect,  and  consistent  therewith,  shall  continue  in  force 
until  altered  or  repealed. 

Sec.  8.  All  officers  of  the  Territory  of  Oregon,  or  under  its  laws 
when  this  Constitution  takes  effect,  shall  continue  in  office  until  super- 
seded by  the  State  authorities. 

Sec.  9.  Crimes  and  misdemeanors  committed  against  the  Territory 
of  Oregon  shall  be  punished  by  the  State  as  they  might  have  been 
punished  by  the  Territory  if  the  change  of  government  had  not  been 
made. 

Sec.  10.  All  property  and  rights  of  the  Territory  and  of  the  several 
counties,  subdivisions  and  political  bodies  corporate  of  or  in  the  Terri- 
tory, including  fines,  penalties,  forfeitures,  debts  and  claims  of  whatso- 
ever nature,  and  recognizances,  obligations,  and  undertakings  to  or  for 
the  use  of  the  Territory  or  any  county,  political  corporation,  office  or 
otherwise,  to  or  for  the  public,  shall  enure  to  the  State,  or  remain  to 
the  county,  local  division,  corporation,  officer  or  public,  as  if  the  change 
of  government  had  not  been  made;  and  private  rights  shall  not  be 
affected  by  such  change. 


CONSTITUTION  OF  OREGON.  127 

Sec.  11.  Until  otherwise  provided  by  law,  the  Judicial  Districts  of 
the  State  shall  be  constituted  as  follows:  The  counties  of  Jackson, 
Josephine  and  Douglas  shall  constitute  the  First  District ;  tiie  counties 
Umpqua,  Coos  and  Curry,  Lane  and  Benton  shall  constitute  the  Se- 
cond District;  the  counties  of  Linn,  Marion,  Polk,  Yamhill  and  Wash- 
ington shall  constitute  the  Third  District ;  the  counties  of  Clackamas 
Multnomah,  Wasco,  Columbia,  Clatsop  and  Tillamook  shall  constitute 
the  Fourth  District ;  and  the  county  of  Tillamook  shall  be  attached  to  the 
count}'  of  Clatsop  for  judicial  purposes. 

Done  in  convention  at  Salem,  the  eighteenth  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven,  and  of 
the  independence  of  the  United  States  the  eighty-second. 

MATTHEW  P.  DEADY,  President. 
Chester  N.  Terry,  Secretary. 

Benton  County. 

HENRY  B.  NICHOLS,  HAMAN  C.  LEWIS, 

WM.  MATZGER,  '  JOHN  KELSEY. 

Clackamas  County. 

J.  K.  KELLY,  HECTOR  CAMPBELL, 

A.  L.  LOVEJOY,  NATHANIEL  ROBBINS, 

WM.  A.  STARKWEATHER. 

Clatsop  County. 
CYRUS  OLNEY. 

Curry  County. 
WM.  H.  PACKWOOD. 

Colunibia   County. 
JOHN  W.  WATTS. 

Coos  County. 
PERRY  B.  MARPLE. 

Douglas  County. 

MATTHEW  P.  DEADY,  SOLOMAN  FITZHUGH, 

S.  F.  CHADWICK,  THOMAS  WHITTED. 


128  CONSTITUTION  OF  OKEGON. 


Jackson  County. 

L.  J.  C.  DUNCAN,  DANIEL  NEWCOMB, 

JOHN  H.  REED,  P.  P.  PPwIM. 

Josephine  County. 

S.  B.  HENDERSHOTT,  WM.  H.  WATKINS. 

Linn  County. 

DELAZON  SMITH,  JOHN  T.  BROOKS, 

LUTHER  ELKINS,  JAMES  SHIELDS, 

REUBEN  S.  COTLE,  J.  H.  BR  ATTAIN. 

Lane    County. 

PAUL  BRATTAIN,  JESSE  COX, 

L  R.  MOORES,  W.  W.  BRISTOW, 

A.  J.  CAMPBELL,  E.  HOULT. 

Marion  County. 

L.  F.  GROVER,  JOSEPH  COX. 

GEO.  H.  WILLIAMS,  RICHARD  MILLER, 

DAVIS  SHANNON,  JOHN  C  PEEBLES, 

NICHOLAS  SHRUM. 

Multnomah  County. 

S.  J.  MoCORMICK,  DAVID  LOGAN, 

WM.  H.  FARRAR. 

Multnomah  and   Washington. 
THOS.  J.  DRYER. 

Polh  County, 

REUBEN  P.  BOISE,  BENJ.  F.  BURCH, 

F.  WAYMIRE. 

Polk  and  Tillamook. 
A.  D.  BABCOCK. 


CONSTITUTION  OF  OREGON.  129 

Urp.pqua  County. 
JESSE  APPLEGATE,  LEVI  SCOTT, 

Washington  County. 

E.  D.  SHATTUCK,  JOHN  S.  WHITE, 

LEVI  ANDERSON. 

Wasco  County. 
C.  P.  MEIGS. 

Yamhill  County. 

J.  K.  McBRIDE,  R.  C.  KINNEY, 

R.  Y.  SHORT,  W.  OLDS, 


130  CONSTITUTION  OF  OREGON. 


PROCLAMATION 

DECLAKING   THE    KESULT   OF   THE    ELECTION   FOR     AND    AGAINST    THE    CONSTITUTION. 


Whereas,  The  people  of  the  Territory  of  Oregon,  through  their  Delegates  in  Congress 
assembled,  prepared  a  Constitution  for  their  government  under  a  State  organization,  and 
submitted  the  same,  with  certain  propositions,  to  be  approved  and  determined  at  an  elec- 
tion which  was  held  in  the  said  Territory  on  the  ninth  day  of  November,  a.  d.  1857,  in 
conformity  to  the  provisions  made  by  said  Convention  of  Delegates  ;  and 

Whei-eas,  It  was  provided  further  by  said  Convention  of  Delegates,  that  the  result  of 
said  election  should  be  announced  by  executive  proclamation  : 

Therefore,  to  that  end,  it  is  hereby  declared  and  made  known,  that  at  the  said  election, 
held  on  the  ninth  day  of  November,  A.  d.  1857,  there  were  seven  thousand  one  hundred 
and  nintey-five  votes  given  for  the  adoption  of  the  said  Constitution,  and  three  thousand 
one  hundred  and  niuty-five  votes  against  its  adoption.     There  were  two  thousand  six 
hundred  and  forty-live  votes  given  in  favor  of  slavery,  and  seven  thousand  seven  hun- 
dred and  twenty-seven  votes  against  slavery  ;  and  there  were  given  one  thousand  and 
eighty-one  votes  in  favor  of  permitting  the  residence  of  free  negroes,  and  eight  thousand 
six  hundred  and  forty  votes  against  the  same. 
In  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  official  signature,  and  caused  the 
_;^— s    seal  of  the  Territory  to  be  affixed,  at  Salem,  this  fourteenth  day  of  Decem- 
(  )  ber,  A.  D.  1857. 

j^-  ^f  GEOEGE  L.  CURERY. 

-"-r—        Sy  the  Governor  : 

B.  F.  Harding,  Secretary. 
December  9tb,  1857. 


M 


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